High Court of Judicature at Allahabad
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Zafar v. Hazi Mohammad Sharfi & Another - CIVIL REVISION No. 116 of 2006  RD-AH 6512 (23 March 2006)
Hon'ble Janardan Sahai, J.
A suit for eviction has been filed by the plaintiff/opposite party no.1 in this revision against the opposite party no.2. It is stated by the learned counsel for the applicant that the suit is for rent and eviction and in that suit the applicant filed an application for impleadment alleging that he is the real tenant of the property in dispute. The application for impleadment has been rejected by the impugned order. It was submitted by the learned counsel for the applicant that the applicant being the real tenant he should be impleaded as a party. I am afraid that the contention is not a valid one. The cause of action in the present suit is against the respondent no.2 Mohd. Mohraj against whom the decree for eviction is sought. The question is of relationship of landlord and tenant between the plaintiff and defendant. The question whether the applicant is the tenant is not in issue in the suit. The controversy, which the applicant seeks to raise, will change the nature of the cause of action. No relief has been sought against the applicant in the present suit. For this reason the applicant is not a necessary or proper party in the suit.
In case the applicant wants the declaration of his title and is being dispossessed by the landlord it is open to the applicant to file his own suit.
No ground for interference has been made out. Dismissed.
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