Harihar Roy v. Smt. Nidhi Kumari And ORS

Patna High Court CWJC No.347 of 2015 (2) dt.29-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.347 of 2015 ====================================================== Harihar Roy .... .... Petitioner/s

Versus

Smt. Nidhi Kumari & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baban Roy For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-02-2016 Heard the learned counsel, Mr. Baban Roy for the petitioner.

By the impugned order dated 06.09.2014, the learned Sub Judge III, Patna rejected the intervention application filed by the petitioner in Eviction Suit No.45 of 2011. It appears that the said eviction suit has been filed by the respondent No.1 for eviction of the tenant-respondent No.2. The petitioner filed application for being added as party on the ground that in fact, he is the real owner of the property. The Court below has rejected this application.

It is admitted fact that the question of title which is being raised by the present petitioner against the plaintiff of the eviction suit cannot be decided in the present eviction suit and for deciding the issue relating to relationship of landlord and tenant between the respondent No.1 with respondent No.2, the presence

Patna High Court CWJC No.347 of 2015 (2) dt.29-02-2016 of the petitioner is not at all necessary. In other words, the petitioner is not a necessary party, therefore, the learned Court below has rightly rejected the application and thus, no case for interference is made out.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T