In eviction suits, the issue of title is not germane and the Municipal Council was not a necessary party.

JUDGMENT :

PRAKASH GUPTA, J.

1. This writ petition has been filed by the petitioner-landlord (hereinafter referred to as 'the landlord') against the order dated 2.11.2019 passed by Appellate Rent Tribunal, Sawai Madhopur in Rent Regular Civil Appeal No. 14/2017, whereby the application filed by the respondent-tenant (hereinafter referred to as 'the tenant') for impleading the Municipal council, Sawai Madhopur as a party-respondent was allowed and Municipal Council, Sawai Madhopur was impleaded as a party-respondent no. 2.

2. Facts giving rise to the present writ petition are that the landlord filed the original application under Section 6, 9 and 18 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the Act of 2001') against the tenant before the Rent Tribunal, Sawai Madhopur (hereinafter referred to as 'the Rent Tribunal'). The tenant filed reply to the said Original Application. The Rent Tribunal vide its judgment dated 16.5.2017 allowed the original application filed by the landlord and directed the tenant to hand over the vacant possession of the tenanted shop to the landlord. The landlord was held entitled to get the rent of the tenanted shop @ Rs. 12,000/- from the tenant w.e.f. 2.9.2015 alongwith enhancement thereof @ 5% in accordance with the provisions of the Act of 2001. Aggrieved therefrom, the tenant filed an appeal before the Appellate Rent Tribunal, Sawai Madhopur (hereinafter referred to as 'the Appellate Rent Tribunal'). During the pendency of the appeal, the tenant filed an application for impleading the Municipal Council, Sawai Madhopur as a party respondent. The appellate Rent Tribunal vide its order dated 2.11.2019 allowed the application filed by the tenant and impleaded Municipal Council, Sawai madhopur as a party respondent in the appeal. Hence, this writ petition.

3. Learned counsel for the landlord submitted that in the matter of eviction of premises and recovery of due rent, the only question revolves around the relationship of landlord and tenant. In such a matter between the landlord and tenant, the question of title is not relevant. In the present matter, the tenancy is admitted and the dispute is in regard to eviction and not the title, therefore, questioning the title of the landlord by the tenant is irrelevant. Hence, the impugned order dated 2.11.2019 passed by the Appellate Rent Tribunal is liable to be set-aside and the application filed by the tenant for impleading the Municipal Council, Sawai Madhopur deserves to be dismissed.

4. Per contra, learned counsel for the tenant defended the impugned order. He submitted that the disputed property was allotted by Municipal Council to Chhatta Mal under the State Government's scheme for allotment of kiosks to Kiosk Holders in the year 1984, wherein it was mentioned in condition no. 6 and 7 that the allottee shall not have any right to transfer the property in question and if the property in question is transferred, the allotment shall automatically stand cancelled. He further submitted that despite the aforesaid conditions, the property in question was sold by Chhatta Mal to the Raj Kumar in the year 1998 in violation of the conditions no. 6 & 7 of the allotment. The allotment of the property in question so made in favour of Chhatta Mal was cancelled, Municipal Council issued notice under Section 2, 4 and 5 of the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 to the tenant for his eviction from the disputed property. In this view of the matter, Municipal Council was necessary and proper party and was rightly impleaded by the Appellate Rent Tribunal vide its order dated 2.11.2019, hence no interference therewith is required by this Court.

5. In support of his contentions, he has placed reliance on the following judgments:

(i) Indian Red Cross Society Versus Manohar Jaswani reported in 2006 (2) Civil Times 401 (Raj.)

(ii) Rajasthan Rajya Sahakari Upbhokta Sangh (CONFED) Ltd. Versus Rent Control Tribunal, Jaipur & Ors