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G.P.MATHUR, C.K.THAKKER
Vijay Lata Sharma – Appellant
Versus
Raj Pal – Respondent
Thakker, J. -- Leave granted.
This appeal by special leave is directed against an order passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 36462 of 1996 dated 19.9.2002. By the said order, the High Court dismissed the petition filed by the appellant confirming the order passed by the prescribed authority, Aligarh on 29.10.1996 allowing the application of third party to be joined as the respondent in UP. DB Case No. 19 of 1989 instituted by Smt. Kamla Devi and another against Raj Pal.
The facts as stated by the appellants are that one Ramesh Chand Tewari (since deceased), husband of Smt. Kamla Devi (who also died during the pendency of the proceedings) and father of the appellant herein, was owner of the property in question. It was let out to one Raj Pal. Upon the death of Ramesh Chand Tewari, the property was inherited by the appellant and her mother Smt. Kamla Devi. Thus, they became the owners. Since they wanted the premises for business of Anurag, son of Kamla Devi and brother of the appellant herein, they initiated proceedings for getting the property vacated from occupation of the tenant in accordance with section
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