Court No. - 7 Case :- WRIT - A No. - 45462 of 2010 Petitioner :- Smt.Shahzad Begum Respondent :- Shamshad Ahmad And Another Petitioner Counsel :- Ajay Kumar Singh,Ashish Kumar Singh Respondent Counsel :- Chetan Chatarjee Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and for the
respondent caveator.
This petition is directed against concurrent orders
dated 26.4.2010 and 30.4.2010 by which an
impleadment application of the petitioner has been
rejected by both the courts below.
It appears that one Haji Bandu Hasan had instituted
a Small Causes suit No. 57 of 2002 against the
respondent tenant for arrears of rent and eviction.
During the pendency of the suit, he expired
whereafter one Shamshad Ahmad filed an impleadment
application on the basis of a will dated 29.12.2004
claiming to be the owner and landlord of the
disputed accommodation. The said application was
allowed whereafter the petitioner filed an
application claiming that she was also one of the
co-owners and in fact she has filed an Original Suit
No. 11 of 2008 for partition.
Both the courts below have rejected the application
recording a categorical finding of fact that she may
be the owner but no averment was made that she was
also one of the co-landlords.
Considering all the facts of this case, the reasons
given by the courts below appear to be justified and
as such, requires no interference under Article 226
of the Constitution of India. Rejected.
Order Date :- 3.8.2010
AK