SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri J.J. Munir, learned counsel for the petitioner/applicant and Sri Sumit Daga, learned counsel for the landlord-respondent nos. 1 and 2.
(2.) This petition under Article 227 of the Contitution of India has been filed praying for the following relief: i) Call for the records of the case from the Court of Prescribed Authority, Aligarh/Judge Small Cause Court, Aligarh in U.P.U.B. Case No. 6 of 2013, Smt. Anubha Rahti and another v. Yogendra Kumar Gupta, set aside the impugned order dated 28.07.2017 (Annexure-7) passed by the Prescribed Authority, reverse the same, and, may further be pleased to allow the petitioner's application for impleadment bearing paper No. 113-Ga.
(3.) Briefly stated facts of the present case are that the respondent nos. 1 and 2 are the owners of house No. 7/102 (old No. 7/101), Mohalla-Phaphala, Pargana and Tehsil - Koil, District - Aligarh, which they have purchased by virtue of two separate registered sale deeds dated 15.10.2009. In a portion of the said house, the respondent no.3 and his family members are residing as a tenant. The landlord-respondent nos. 1 and 2 filed a release application under Section 21(1)(a) on 27.2.2013 being U.P.U.B. Case No.6 of 2013, before the Prescribed Authority/J.S.C.C., Aligarh. In the said application, the respondent no.3 filed his objections. After the evidences were led by the parties, 17.11.2015 was fixed for arguments. However, the respondent no.3 filed an application 64-C for obtaining report of handwriting expert, which was rejected by the court below by order dated 23.4.2016 and the case was again fixed for arguments. Thereafter the respondent no.3- tenant moved an application 73-C for amendment in the written statement which was allowed by the court below by order dated 20.1.2017 and 14.2.2017 was fixed for arguments. Thereafter, providing last opportunity for argument the date was fixed for 1.3.2017. Thereafter the respondent-tenant moved an application 93-C for filing some documentary evidence which was allowed by the court below. Thereafter, the wife of the respondent no.3 i.e. the petitioner herein moved an impleadment application 113-C on the ground that she is the tenant and she came to know about the aforesaid case from her husband only on 28.4.2017. Her impleadment application 113-C has been rejected by the impugned order dated 28.7.2017, passed by the Judge Small Cause Court, Aligarh. Aggrieved with this order, the petitioner/applicant has filed the present petition.;