BALESHWAR PRASAD ALIAS BALESHWAR FRASAD BURNWAL Vs. BISHWANATH RAM PANDIT

JUDGEMENT

(1.) In this application, the petitioner has challenged the order dated the 21st March, 1987, passed by Sbri H. P. Singh, Munsif, Giridih, in Eviction Suit No. 21 of 1985 whereby and whereunder he has permitted the defendants-opposite party Nos. 2 to 7 to be impleaded as intervenors.

(2.) The petitioner filed the aforementioned suit originally as against opposite party No. 1. In the said suit, the petitioner prayed that opposite party No. 1 be evicted from the premises in question on the ground of default and personal necessity in terms of the provisions of Sections 11 (1) (c) and 11 (1) (d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. During the hearing of the aforementioned suit, opposite parties Nos. 2 to 7 filed an application purported to be under Order I, Rule 10 of the Civil Procedure Code on the ground that they have interest in the premises in question. The material allegations in the said application were as follows :-

(3.) After noticing that in suit only the question of eviction of defendant opposite party No. I, who is said to be the monthly tenant of the plaintiff- petitioner is involved, the learned court below passed the impugned order on the ground that the said opposite party No. 1 also denied the title of the plaintiff. The material portion of the said order reads as follows : -