Devendra Kumar Upadhyaya, J. - (1.) Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri Indrajeet Shukla, learned counsel for the revision-applicant and Sri Q.M.Haque, learned counsel for the opposite party nos.1 and 2.
(2.) This revision petition has been preferred challenging an order dated 10th March, 2014, passed by the Special Judge SC/ST Act, Gonda whereby application moved by the revision-applicant seeking his impleadment under Order 1 Rule 10 of the Code of Civil Procedure in a suit instituted by the opposite party nos.1 and 2 against the opposite party no.3 has been rejected.
(3.) The facts of the case are that a suit for arrears of rent and eviction was instituted by the opposite party nos.1 and 2 on 21.05.2012 against the opposite party no.3 with the allegations that the landlord of house in question was the mother of the opposite party no.1 who in her life time on 15.09.2010 executed a will-deed in favour of the opposite party no.1, who is daughter and opposite party no.3, who is son-in-law. After the death of Smt Chandrawati Devi, the opposite party nos.1 and 2 became the owner of house in question. Further assertion in the plaint has been made by the plaintiffs-opposite party nos.1 and 2 that Smt Chandrawati Devi died on 18.06.2011 and after her death, by operation of the will, the opposite party nos. 1 and 2 have become owner. The plaintiffs before the learned court below also alleged in the plaint that house in question was leased out to the opposite party no.3 and opposite party no.3 has fallen in arrears and the suit for arrears of rent and eviction has been filed after giving notice under Section 106 of Transfer of Property Act.;