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1995 Supreme(All) 43

D.S.SINHA
FURKAN AHMAD – Appellant
Versus
SAYED AHMED RAZA – Respondent


Advocates Appeared:
PRADIP CHATTERJI, SHARAD SHARMA

D. S. SINHA, J.

( 1 ) HEARD Sri Pradeep Kumar, learned counsel appearing for the applicant and Sri Sharad Sharma, holding brief of Sri H. N. Sharma, learned counsel representing the plaintiff-opposite party No. 1.

( 2 ) THIS revision, under Section 115 of the Civil P. C. , 1908, hereinafter called the Code, read with Section 25 of the Provincial Small Cause Courts Act, 1887, as amended by the State of U. P. is directed against the order D/- 1st Jan. , 1991 passed by the District and Sessions Judge, Etawah, exercising power of the Judge Small Causes in Small Cause Case No. 7 of 1989 between Saiyed Raza and Ansar Ahmad and others, whereby the prayer of the applicant for being impleaded as defendant in the suit has been rejected.

( 3 ) THE plaintiff-opposite party No. 1 has instituted a suit against the defendant-opposite parties Nos. 2 and 3 their ejectment from the disputed house. The suit is founded on the alleged contract of tenancy. The applicant moved an application for being impleaded as defendant claiming that he was a necessary party inasmuch as he was in occupation of the disputed house in the capacity of a tenant in pursuance of certain alleged agreement of tenancy between h









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