1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1935 OF 2009 IN S.C. SUIT NO.2093 OF 1983 K.N. Rathod and ors. ..Plaintiffs. Vs. Mrs.Daphne D’souza and ors. ..Defendants. And M.J.Carios and ors. ..Applicants. Ms. P. Bhatia for the Plaintifs. Ms. D. D’souza Deft. No.1 present in person. Mr. Dhananjay Singh i/by R.B.Singh for the Applicant No.2. CORAM : R.S. MOHITE, J. DATE : 22nd June, 2010 PC : 1 This is a chamber summons taken out by the applicants for bringing them on record as additional defendants. The plaintiffs have filed a suit for declaration that they have become owners by adverse possession of a property bearing Survey No.36, Hissa No.2 situated at Bandivali, Tal. Andheri. On perusing the plaint, I find that there is reference to the predecessor in title of the applicants and it appears to be admitted by the plaintiffs that they were originally sub tenants of the said predecessor by name Fransis Mhatre. The Plaint itself mentioned that Fransis Mhatre was protected tenant and that the plaintiff No.1 was his sub tenant since 1968. The basis of the 2 plaint is that in a suit filed by the original owners for eviction of both the tenants and sub tenants, consent terms were arrived at 17.3.1990 and whereby both the tenants and sub tenants agreed to give up their right in exchange of Rs.48,000/-. The plaint narrates that amount was never paid and therefore, decree was not executed. In such circumstances, the plaintiffs remained in possession of the suit lands peacefully openly and adversely to the owners. 2 In my view, once it is admitted in the plaint that consent terms were not given effect, it would necessarily mean that the rights of both the plaintiffs as sub tenants and the applicants as protected tenants would stand revived. In such circumstances, I find that the present applicants are necessary parties to this suit for proper adjudication of the matter under Order 1 rule 10(2) of the C.,P.C. Chamber summons is therefore allowed in terms of prayer clause (a) and (b) with further direction that the applicants will be added as defendants in their own name and not through their constituted attorney mentioned in the Schedule. Amendment to be carried out within 4-weeks. (R.S. MOHITE, J.)