JUDGMENT :

J.J. Munir, J.

Case called on. No one appears on behalf of the petitioner.

2. Mr. Manish Tandon, appears on behalf of the respondent no.1.

3. Since the point involved is short and parties have exchanged affidavits, this Court proceeds to determine the petition on merits.

4. S.C.C. Suit No. 19 of 2006 was filed by respondent no.1 against respondent no.2 for ejectment and recovery of arrears of rent. In the said suit, the petitioner, who is a third party, has made an application seeking impleadment under Order I Rule 10 CPC. The ground seeking impleadment is that he is owner of the demised premises to the extent of a half share. He has claimed title as a co-owner to the extent of half share with the plaintiff on the basis of an oral gift (Hiba) from one Smt. Nawab Jahan Begum. The plaintiff-respondent no.1 has refuted the petitioner's claim by filing objections. The second-respondent-tenant, on the other hand, does not dispute the fact that he is a tenant in the demised premises. The suit is one for eviction brought on the relationship of a landlord-tenant between respondent nos.1 and 2.

5. The courts below have refused the petitioner's application for impleadment on the ground