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HIGH COURT OF DELHI
MR. JUSTICE RAVINDER DUDEJA, J
SRI RAM GUPTA – Appellant
Versus
LALIT KUMAR AND ORS – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. Present petition under Article 227 of the Constitution of India impugns the order dated 03.04.2017, passed by the court of learned District & Sessions Judge, South District, Saket Courts in RCT No.42/2016, titled as “Shri Lalit Kumar Vs. Shri Sri Ram Gupta & Ors.”
2. Brief background of the case is that petitioner Sh. Sri Ram Gupta, now deceased, owner of superstructure of the building bearing No. 8, Main Market, Yusuf Sarai, New Delhi, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1995 [“DRC Act”] against the tenants i.e. respondents No. 2 & 3 in the year 2012.
3. Respondents No. 2 & 3 filed an application for leave to defend, which was allowed by the Court. Thereafter, both parties completed their respective evidence and the matter was listed for final arguments.
4. Respondent No. 1 filed an application under Order 1 Rule 10 CPC for impleadment in the eviction proceedings.
5. Vide order dated 25.05.2016, learned Additional Rent Controller [“ARC”] (South) Saket, dismissed the application moved by respondent No. 1 under Order I Rule 10 CPC.
6. Against the said order, respondent No. 1 preferred an appeal under Section 38
In eviction proceedings, the question of title is irrelevant; only the landlord-tenant relationship and grounds for eviction matter.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
In eviction suits, only landlord and tenant are necessary parties, while co-owners do not have a right to join against the plaintiff's wishes, as it alters the nature of the lawsuit.
The Rent Controller cannot condone any delay in filing a leave to defend application, and a corporate entity can maintain an eviction petition for its bona fide need.
The Rent Controller's jurisdiction is limited to deciding eviction petitions and does not extend to adjudicating on the title of the landlord.
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