Hon’ble Tarun Agarwala, J.—Heard Sri Ravi Kant, the learned senior Counsel assisted by Sri S.N. Shukla for the petitioner and Sri N.L. Pandey, the learned Counsel for the respondent No. 3.

2. The respondent No. 4, namely, the Co-operative Society sold plot No. 8 to the petitioner, plot No. 3 to the plaintiff-respondent No. 3 and, plot No. 9 to respondent No. 5 after carving it from the original Araji No. 36, situated at Stanley Road in the city of Allahabad. It is alleged that the plaintiff-respondent No. 3 encroached 31 feet of land on the east side of the plot and 5 feet on the west side and in this regard, a notice was issued by the Society to the plaintiff to remove the illegal encroachment and construction on it. The plaintiff filed a suit against the Society praying that they should be restrained from demolishing the construction raised by the plaintiff. An Advocate Commissioner was appointed by the Court who submitted an inspection report dated 27.6.1984. Subsequently, the plaintiff filed an amendment application alleging that the petitioner had encroached a portion of the plaintiffs land on the western side and therefore, prayed that he should also be impleaded as a