KANHAI ASSOCIATES PRIVATE LIMITED Vs. LALBAGH ENTERPRISES

JUDGEMENT

(1.) IN these writ petitions, petitioner is aggrieved by the rejection of the application filed under Order I Rule 10 CPC seeking to implead respondents 6 & 7 herein as additional defendants 6 & 7 in suit O.S.No.25548/2009.

(2.) PETITIONER is the plaintiff in the suit. It has filed the suit seeking the relief of declaration that it had an undivided share and right over the terrace and basement area apart from over the common area of the plaint schedule premises. It has also sought for a relief of mandatory injunction directing the defendants to remove the entire telecom towers and other accessories installed on the terrace and also the generator installed in the basement of the schedule premises.

(3.) RESPONDENT No.1 herein/defendant No.1 is stated to be in possession of the premises claiming exclusive title over the plaint schedule property. Plaintiff contended that defendants 2 to 5/respondents 2 to 5 herein were inducted as tenants and it is these tenants who had installed the towers on the terrace. The specific case of the plaintiff has been that two towers had been put up on the terrace, one by defendant No.3 Quippo Telecom Infrastructures Limited and the other by defendant No.5 Reliance Communications Infrastructure Limited. Defendant No.3 has been placed exparte. Defendant Nos.4 and 5 have filed their written statement contending inter alia that defendant No.4 (previously known as Reliance Infocom Limited) had earlier entered into an agreement of lease with one Smt.Sheetal Ramchandani and that in view of the change in the objects of defendant No.4 Company, a separate agreement had been entered into by a separate Company by name Reliance Infratel Limited in supersession of earlier agreement and in view of the same, the suit was not maintainable against defendant No.4.