JUDGMENT

KURIAN, J.

Leave granted.

2. The simple issue that arises for consideration in this case is whether the appellant should be a proper party in the Eviction Petition No.18/2010 filed by the respondents herein before the Rent Controller, Delhi. The appellant herein moved an application for impleadment as a necessary party in the eviction petition. Paragraph 3 of the application for impleadment filed under Order I Rule 10 reads as follows:

“3. That the petition filed by the petitioenrs is false. It is submitted that the shop in dispute was let out by Shri Chuni Lal Soni to a partnership firm M/s. K.K. Lee with effect from November, 1963 M/s. K.K. Lee was a partnership firm comprising of three brothers namely Shri Lee Queth Khong, Shri Lee Sheam Khong and Lee Aches Khong as its partners. Shri Chuni Lal Soni had been recovering rent from the said partnership firm from the inception of tenancy till he continued to recover the rent, through A/c Payee cheques issued from the Bank account of the said partnership firm, Shri Chuni Lal Soni somewhere in 1968-69 called upon the said partnership firm to pay rent to Dr. P.C. Soni, his brother. The said partnership firm thereafter paid the ren