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1997 Supreme(Bom) 604

R.M.S.KHANDEPARKAR
Foolchand Nanhelal Parwar – Appellant
Versus
Shabbir Hussain s/o Mulla Akbar Ali Bohra and another – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Admit. Heard by consent of the advocates for the parties.

2. This revision application is against the order dated 22-9-1997 passed by the 6th Joint Civil Judge, Junior Division, Nagpur rejecting the application filed by the applicant for joining him as the defendant in R.C.S. No. 645/96. The applicant had filed an application under Order 1, Rule 10 of Civil Procedure Code for joining him as the defendant in the suit on the ground that he is the owner of the suit property and therefore the non-applicant No. 1 is not entitled to seek eviction of the non-applicant No. 2 from the suit premises claiming the latter to be a tenant of the former. It is seen from the record that the non-applicant No. 1 has filed the said R.C.S. No. 645/96 for eviction of the non-applicant No. 2 on the ground that the latter is the tenant of the former and has defaulted in payment of rent. There also appears to be a dispute between the applicant on the one side and the non-applicants Nos. 1 and 2 on the other side regarding ownership of the premises and in respect thereof, a suit was filed by the non-applicant No. 1 against the applicant and some others which had alrea







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