DEEPAK KUMAR Vs. UPENDRA KUMAR
LAWS(ALL)-2019-4-386
HIGH COURT OF ALLAHABAD
Decided on April 02,2019

DEEPAK KUMAR Appellant
VERSUS
UPENDRA KUMAR Respondents

JUDGEMENT

Manoj Kumar Gupta,J. - (1.) The instant petition is directed against the order dated 3.11.2018 passed by Additional District Judge, Shamli at Kairana in SCC Suit No.35 of 2012, whereby application filed by third parties (respondents no.2 to 5) seeking impleadment in the suit as defendants has been allowed.
(2.) The brief facts necessary for decision of the instant petition are as follows:- SCC Suit No.35 of 2012 was instituted by the plaintiff-petitioner (for short 'the plaintiff') against the defendant-respondent no.1 (for short 'the defendant') for recovery of arrears of rent and for eviction from a shop in his tenancy. It was specifically asserted in paragraph 1 of the plaint that the plaintiff is owner and landlord of the tenanted premises and it was let out to the defendant in pursuance of rent agreement dated 20.3.2008.
(3.) The defendant filed a written statement and admitted that he took shop on rent from the plaintiff but stated that the same was on the assurance extended by him that he alongwith Pradeep Kumar and Prabhat Kumar sons of Surendra Swarup are also landlords of the tenanted premises. He also admitted paying rent to the plaintiff and some times to Prabhat Kumar.;


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