SARDAR ASHA SINGH Vs. RAJESH KUMAR AGARWAL

JUDGEMENT

(1.) This revision application is directed against the order dated 22-11-2002 passed by the District Judge, Hazaribagh in Title Apeal No. 5/1990, whereby he has allowed the application filed by the opposite parties for impleading them as respondents in the said appeal.

(2.) This short fact giving rise to and relevant for the purpose of this case are that plain- tiff/respondents filed Title Suit No. 151/1983 for a decree of eviction of the defendant/petitioner from the suit premises on the grounds of personal necessity, default and breach in terms of tenancy and also for arrears of rent.

(3.) The defendant/petitioner appeared and contested the suit by filing written statement. The trial Court vide judgment and decree dated 31.3:1990 decreed the suit and passed the order for eviction of the defendant. Defendant/petitioner aggrieved by the said decree filed Title Appeal No. 5/90 against the plaintiff. During the pendency of the appeal the intervenbr/opposite parties claimed to have purchased the suit premises from the opposite party No. 5 by registered deed of sale dated 28-9-2001 and made application praying that they maybe added as party respondents. The said application was opposed by the petitioner contending that intervenors are not entitled to be impleaded in the appeal. The Court of appeal below allowed the said application holding that the intervenor being the purchaser are entitled to be impleaded as respondents.