Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 5597 of 2019 Petitioner :- Smt. Shakuntala Devi Respondent :- Shri Om Prakash And 2 Others Counsel for Petitioner :- Anant Ram Dube,Shobhit Dubey
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Anant Ram Dube, learned counsel for the petitioner.
This petition under Article 227 of the Constitution of India has been filed praying to set aside the order dated 17.1.2019 in S.C.C. Suit No.44 of 2019 ( Sri Om Prakash v. Ram Babu and another) passed by the Additional Judge Small Causes Court, Agra, rejecting the impleadment application 38-Ga filed by the petitioner and also to set aside the order dated 15.4.2019 passed by the District Judge, Agra, rejecting Civil Revision No. nil of 2019 filed by the petitioner.
Learned counsel for the petitioner submits that the petitioner filed the impleadment application on the ground that Sri Natthi Lal was the original owner of the disputed house No.21/102, Eastern Gate, Taj Mahal, Agral. The petitioner and the plaintiff-respondent no.1 are real brother and sister. After the death of Sri Natthi Lal, the petitioner and the respondent no.1 became co-owner but the rent case has been filed by the respondent no.1 as landlord. Therefore, in the aforesaid rent case, the applicant-petitioner is a necessary party.
I do not find any merit in this petition. The Judge Small Cause Court has lawfully rejected the impleadment application on the facts of the present case. The appeal has also been dismissed for valid reasons. The reasons have been well recorded in both the impugned orders. The impugned orders do not suffer from any legal infirmity. Therefore, the petition is dismissed.
Order Date :- 25.7.2019 Ak/