YOGENDRA KUMAR SRIVASTAVA
Uma Devi – Appellant
Versus
Satya Kumar – Respondent
JUDGMENT :
Yogendra Kumar Srivastava, J.
1. Heard Sri V.K. Baranwal, learned counsel for the petitioners.
2. The present petition has been filed seeking to challenge the order dated 19.08.2017 passed by the Civil Judge (Junior Division)/F.T.C, Jaunpur in S.C.C. Suit No. 01/2005 (Manohar vs. Matloob), whereby an application 22Ka filed by the petitioners seeking their impleadment in S.C.C. Suit No. 01/2005, has been rejected. The petitioners also seek to challenge the order dated 28.02.2019 passed by the District Judge, Jaunpur in S.C.C. Revision No. 157 of 2017 in terms of which the earlier order has been affirmed.
3. Record of the case indicates that the petitioners have sought their impleadment by asserting themselves to be cosharers of the property in question. The courts below have rejected the application filed by the petitioners for the reason that in summary proceedings relating to eviction, the question of title is not required to be gone into. It has been left open to the petitioners to agitate the issue regarding title by initiating appropriate proceedings.
4. As regards the relevance of the issue of title of the landlord in an eviction suit under rent laws it is fairly well se
Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors. (2018) 2 SCC 352
Ranbir Singh v. Asharfi Lal (1995) 6 SCC 580
Ruma Chakraborty v. Sudha Rani Banerjee (2005) 8 SCC 140
Udit Narain Singh Malpaharia v. Board of Revenue
Kasthuri Radhakrishnan v. M. Chinniyan (2016) 3 SCC 296 : (2016) 2 SCC(Civ) 331
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