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2019 Supreme(All) 1070

YOGENDRA KUMAR SRIVASTAVA
Jeet Kaur – Appellant
Versus
Bala Ji Builders – Respondent


Advocates Appeared:
For the Revisionist : Divakar Rai Sharma

JUDGMENT :

1. Heard Sri Divakar Rai Sharma, learned counsel for the revisionists.

2. The present revision has been filed against the order dated 10.04.2019 passed by the Additional District Judge, Court No.11, Muzaffar Nagar on Application No.86ka under Order I Rule 10 CPC in SCC Suit No.08 of 2013 (Bala Ji Builders & Ors. Vs. 82nd (Bayasi) Uttar Pradesh Vahini NCC Muzaffarnagar & Anr. in terms of which the impleadment application filed by the revisionist has been rejected.

3. Record of the case reflects that the revisionists had sought impleadment in a suit filed by the plaintiff-respondents (first set) against the defendant-respondents (second set) for eviction and arrears of rent, on the basis of a sale deed said to have been executed on 13.02.1980. It is not disputed that with regard to the title sought to be asserted by the revisionists on the basis of the aforementioned sale deed, original suits i.e. O.S. No.1058 of 2008 and O.S. No.839 of 2006 are pending. Taking notice of the aforementioned facts and the well settled principle of law that questions of title sought to be raised by a third party cannot be gone into in an eviction suit which is essentially a dispute between the l

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