RAJIV SHARMA, J. - (1.) IN the instant case, the sole controversy involved is as to whether the order passed by the revisional court setting aside the order passed by the trail court, which has allowed the application of the petitioners for impleadment is legally justified or not.
(2.) HEARD Sri Javed Murtaza, learned counsel for the petitioner, Sri M. Naseerullah and Sri P. C. Srivastava, counsel appearing for the opposite parties. Before adverting to the aforesaid question, it would be apt to mention certain brief facts of the case, which are that J. J. Rice initiated a suit for declaration impleading therein Mr. S. B. Caleb as defendant and the same was registered as Regular Suit No. 337 of 1988. The said suit was decreed vide judgment and decree dated 5.1.1991. Opposite party No. 3 Shakeel Ahmad Khan of present writ petition, who was an allottee of the portion of the house as tenant and in possession, filed a suit for cancellation of said decree and for grant of permanent injunction in the Court of Civil Judge, Lucknow, which was registered as Regular Suit No. 259 of 1992, seeking following relief: "(a) That the judgment and decree dated 5.1.1991, passed in Regular Suit No. 337 of 1988, J. J. Rice v. S. B. Caleb by Vth Additional Civil Judge, Lucknow be cancelled and set aside. (b) That all the defendants, their heirs, agents or representatives be restrained permanently from evicting the plaintiff from northern half portion of House No. 36, Cantonment Road, Lucknow [Municipal No. 119/160 Ka, Qandhari Baar, Lucknow] holding that the plaintiff is residing in the house in question in his own rights as has perfected the right of adverse possession by completion of the period adverse possession for more than 17 years."
(3.) OPPOSITE party No. 6 J. J. Rice is claiming himself to be the owner of the house on the basis of decree dated 5.1.1981. He had sold the house in question to Smt. Sharmila Rais wife of Raisullah Khan vide registered sale deed dated 31.8.1996. Smt. Sharmila thereafter sold the said house in favour of Smt. Shafqat Bano and Yusuf Pasha, opposite party Nos. 4 and 5, in the present writ petition, vide sale deed dated 12.5.2000. Petitioners have purchased the said house No. 119/160 Ka [old No. 36] through a registered sale deed dated 30.7.2001 from opposite party Nos. 4 and 5.;