V.K. Khanna, J. - (1.) Admittedly, Khudawand Tala Waqf Allal Nafus Allal Aulad is a Waqf created by Maulvi Nisar Ahmad which besides other properties owns a shop and residential portion situated in the ground and first floors in the city of Saharanpur. Suit No. 12 of 1983 was filed in the court of Judge Small Causes Court by the waqf through its Mutwalli Syed Maqsood Ali Shah. The tenants did not dispute that the waqf was their landlord. However besides other pleas a plea was raised that Syed Maqsood Ali Shah was not the Mutwalli of the Waqf and thus not entitled to file the suit, It was pleaded that one Afzal Ahmad was the Mutwalli of the Waqf to whom rent was always being paid by them.
(2.) During the pendency of the suit an application under Order 1 Rule 10, C.P.C. was filed by Afzal Ahmad praying that he be impleaded as a party to the suit. The aforesaid application was decided by the Judge Small Causes Court by his order dated 17-6-1983. It has been held that it would be proper to implead Afzal Ahmad as one of the parties to the suit. Feeling aggrieved, the plaintiff preferred a revision under Section 25 of the Provincial Small Cause Courts Act. The revision has been allowed and the application moved by Afzal Ahmad under Order 1 Rule 10, C.P.C. has been rejected. It is this order which has been challenged in this writ petition.
(3.) Learned Counsel for the petitioner has urged that in the present case the tenants themselves have raised a dispute that the plaintiff is not properly represented as Syed Maqsood Ali Shah is not the Mutwalli of the Waqf. It has also been pleaded by the tenants that the Mutwalli of the waqf is Afzal Ahmad to whom they have always paid the rent, On these facts it has been urged that on the pleadings of the parties the Judge Small Causes Court will have to decide the controversy as to whether the suit is properly constituted and whether Syed Maqsood Ali Shah is the Mutwalli of the Waqf or not. In these circumstances the learned Counsel for the petitioner has urged that the petitioner is a proper party for the proper, effective and complete adjudication of the aforesaid questions.;