THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.2781 OF 2008 DATED:24-09- 2010. Between Nandamoori Basava Taraka Rama Rao Memorial Cancer Foundation,rep. by its Secretary … Petitioner And 1.Smt. Raheema Bee and others …Respondents THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO.2781 OF 2008 ORDER: This revision under Article 227 of the Constitution of India is directed against the order, dated 21-04-2008, in I.A.No.526 of 2006 in O.S.No.916 of 2007, on the file of the Principal Rent Controller-cum- 12th Junior Civil Judge, Hyderabad, whereunder and whereby the application filed under Order I rule 10 (2) read with Section 151 CPC to implead the Government, the State of Andhra Pradesh, rep. by its Collector and District Magistrate, Hyderabad as respondent in I.As and as defendant No.3 in the suit, was dismissed. 2. The above application was filed by the 2nd defendant who is the tenant in respect of Ac.7.35 gts of land. The said land was leased out to the petitioner by the Government under G.O.Ms.No.484 and possession was delivered to the petitioner’s trust. In view of the fact that the land, which was given to the trust is a Government land, the present application was filed to implead the Government. The said petition was dismissed on the ground that it was not the case of the plaintiffs in the suit that the Government was interfering with the peaceful possession and enjoyment of the plaint schedule property and therefore, there are no grounds to allow the application. 3. Under order I Rule 10 (2) CPC, a party can be brought on record as defendant at any state of the suit so as to adjudicate the dispute once for all. The respondents 1 to 13 are claiming right, title and interest in respect of the land in Sy.No.346/1 of Shaikpet village as belonging to them. They filed the suit for injunction simplicitor against the defendants 1 and 2. No doubt, in a suit for injunction simplicitor, the question of title need not be decided, but at the same time the incidental title of the parties has to be gone into. It is the specific case of the petitioner herein that the trust has taken the land in question from the Government on lease and that the Government is the owner of the property in question. For effective adjudication and to resolve the matters in controversy, it is necessary to bring the proposed party on record. If the proposed party has got some semblance of right, then he can be brought on record so as to safe-guard his interest. The case of the petitioner herein is that the Government is the owner of the property in respect of the land in survey number for which the respondents 1 to13 are claiming right, title and interest on the said property. No doubt, respondents 1 to 13 are not claiming any injunction against the Government as such. But the incidental title has to be decided even in a suit for injunction also. In order to avoid multiplicity of proceedings, the Government of Andhra Pradesh, represented by District Collector, Hyderabad, can be brought on record as defendant No.3 in the suit. Therefore, the impugned order is not in accordance with law and the same is liable to be set aside. 4. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 21-04-2008, in I.A.No.526 of 2006 in O.S.No.916 of 2007, on the file of the Principal Rent Controller-cum- 12th Junior Civil Judge, Hyderabad. No order as to costs. _______________ K.C. BHANU, J DATED:24.09.2010 Hsd