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TMI Blog1996 (7) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... that the appellant had made unauthorised structures. The contesting respondents 2 to 6 sought to come on record under Order 1 Rule 10, CPC contending that they have direct interest in the property and the motion taken out by the respondent was ordered by the trial Court and the High Court by the impugned order dated February 17, 1993 was upheld the same in W.P. No.2418 dated July 5, 1993. Thus, this appeal by special leave. Shri R.F. Nariman, learned senior counsel for the appellants, contended that the contesting respondents have only commercial interest in the property but the real question is: whether the appellant had made construction of the building sought to be demolished by the Municipal Corporation and, therefore, whether the la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e lessor. But the demolition would undoubtedly materially affect the right, title and interest in the property of the landlord. Under those circumstances, the landlord necessarily is a proper party, though the relief is sought for against the Municipal Corporation for perpetual injunction restraining the Municipal Corporation from demolition of the building. Under those circumstances, the question of the commercial interest would not arise. In Ramesh Hirachand Kundanmal's case [supra], this Court had pointed out in para 18 of the judgment that the notice did not relate to the structure but to two chattels. Original lessee from the landlord had no direct interest in that property. Under these circumstances, it was held that the second re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o come on record in the suit in which he had no direct interest in the pending matter. Under those circumstances, this Court had held that respondent 11 was neither necessary nor proper party in the lease-hold interest involved in the suit. In Union of India Anr. vs. District Judge, Udhampur Ors. [(1994) 4 SCC 737] the Union of India who ultimately had to bear the burden of payment of the compensation was held to be a necessary party under Order 1 Rule 10, CPC for determination of the compensation in respect of the acquired land. In Bihar State Electricity Board vs. State of Bihar Ors. [(199) 4 Supp. 3 SCC 743] the same question was also reiterated and it was held that the Electricity Board was a person interested and also a necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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