IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION No.31254 OF 2018 (GM-CPC) BETWEEN Sri. Nagaraja Rao C.H., Aged 49 years, S/o. Late Sri. C.H.Rao, Chartered Accountant, 1247, 2nd Cross, Near Vinayaka Nursing Home, Krishnamurthy Puram, Mysore-570004.
(By Sri. K.N.Nitish, Advocate) AND 1. Smt. M.Radhika Pai, Aged 57 years, W/o. M.Radhakrishna Pai, Harishchandra Marg, Near Beedinagudde, Udupi-576101.
2. M/s. Kanhangod Hospital and research Centre (P) Ltd., having its registered office At ext to IMA Hall, Opp. State Bank of India, Kunnumal, Kanhangod-561315, Kasargod District, Kerala State- A registered …Petitioner Private Limited Company Under Companies Act, 1956, Bearing Reg No. CIN:U85110KL1993 PTC006948, Registered on 27/1/1993.
…Respondents This Writ Petition is filed under article 226 & 227 of the Constitution of India, praying to set aside the order dated 17.04.2018 passed in O.S.No.171/2013 by the learned II Additional Civil Judge and JMFC Court, Udupi at annexure-E on I.A.No.5.
This Writ Petition coming on for preliminary hearing, this day, the Court made the following :
ORDER Heard the petitioner’s counsel. The writ petitioner is the defendant in suit O.S.No.171/2013 filed by the respondent for ejecting the petitioner. The petitioner made an application under Order 1 Rule 10 CPC for impleading the Company viz., M/s. Kanhangod Hospital and Research Centre (P) Ltd., stating that the said company is a tenant and not the petitioner. This application was rejected.
2. In the suit for ejectment, the defendants cannot seek impleadment of another person stating that he is not a tenant, and the proposed defendant is the tenant. It is for the plaintiff to prove that the defendant is his tenant, if relationship is disputed by the defendant. Rightly the trial court has come to conclusion to dismiss the application. This writ petition is devoid of merits. Therefore it is dismissed.
Sd/- JUDGE sd