NAFEESA BEE Vs. ASHOK KUMAR AND ANOTHER
LAWS(MPH)-2018-7-446
HIGH COURT OF MADHYA PRADESH
Decided on July 18,2018

Nafeesa Bee Appellant
VERSUS
Ashok Kumar And Another Respondents




JUDGEMENT

S.C.SHARMA,J. - (1.)The petitioner before this Court has filed this present petition being aggrieved by the order dated 22.07.2015 passed by the Civil Judge, Class-II Ujjain, in Civil Suit No.13-A/2014.
(2.)The facts of the case reveal that the plaintiff Ashok, who is undisputedly the owner of the suit premises, has filed a civil suit against Mohammad Arif for eviction on various grounds and an application was preferred by the present petitioner under Order 1 Rule 10 of the C.P.C. for impleadment. The petitioner, who is a lady and legal heir of Mohammad Yusuf, has stated in the application that she is also legal heir of Mohammad Yusuf, who was the earlier tenant, and therefore, she is a necessary party in the landlordtenant suit.
(3.)The trial Court has considered the application preferred under Order 1 Rule 10 of the C.P.C. and the trial Court has taken note of the fact that the person, who has been impleaded as defendant, is regularly paying rent since 1989 and he is the tenant and in those circumstances, a civil suit has been filed against Mohammad Arif alone. The trial Court has dismissed the application for impleadment.


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