Mr. A filed a suit for eviction and recovery of arrears of rent against Mr. Y in respect of a…
The application is maintainable because Y's defence creates doubt about whether Y or X is the tenant from whom relief should be obtained. Order I Rule 7 allows the plaintiff…
Choose your answer
Mr. A filed a suit for eviction and recovery of arrears of rent against Mr. Y in respect of a commercial shop basis legal notice dated 01.12.2022. Mr. Y filed a written statement stating that he is not a tenant in the premises and it is his son Mr. X who is the tenant in occupation of the said commercial shop. Mr. A filed an application for impleadment of Mr. X as defendant no.2 in view of the said averments made in the written statement. Both Mr. X and Mr. Y opposed the impleadment application on the ground that Mr. X cannot be impleaded in the present suit and a separate suit is to be filed. Is this impleadment application maintainable or not?
Answer and explanation
Correct answer C
The application is maintainable because Y's defence creates doubt about whether Y or X is the tenant from whom relief should be obtained. Order I Rule 7 allows the plaintiff to join defendants to resolve that doubt, and Rule 10 allows the court to add a necessary or proper party. Adding X lets the tenancy dispute be determined in the same suit; it does not automatically establish A's entitlement to eviction.
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