PUSHPENDRA SINGH BHATI
Tara Devi, W/o. Shri Paras Mal Ji Runiwal – Appellant
Versus
Chand Mal, S/o. Shri Dhan Raj Ji Bagchar – Respondent
JUDGMENT :
1. This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs :
(i) quash the impugned order dated 31.05.2023 (Annexure7) passed by the Learned Rent Tribunal, Bhilwara in Rent Application No.50/2008; and
(ii) the impleadment application filed by the petitioner Under Order 1 Rule 10 (2) C.P.C. dated 29.05.2019 (Annex.5) may be allowed with costs in toto; and
(iii) any other appropriate relief which this Hon’ble Court deems fit necessary in the facts and circumstances of the present case be granted in favour of the petitioner; and
(iv) Cost of the writ petition kindly ordered to be awarded to the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the respondent no.1-landlord (since deceased, represented through his LRs) filed an eviction petition under Section 9 (a) of the Rajasthan Rent Control Act, 2001 before the learned Rent Tribunal, Bhilwara against the respondent no.2-tenant.
2.1. During pe
Kanaklata Das & Ors. Vs Naba Kumar Das & Ors. (2018) 2 SCC 352
In a tenancy suit, only the landlord and the tenant are necessary parties for the decision of the suit, and the impleading of remaining legal representatives may not be necessary.
The landlord is required to prove the existence of the relationship of landlord and tenant and the grounds for eviction, and the title to the premises in dispute is not essential for the decision of ....
In an eviction suit, only the landlord and tenant are necessary parties for the decision of the suit, as per the provisions of the Rajasthan Rent Control Act and established legal principles.
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.
In eviction proceedings, the question of title is irrelevant; only the landlord-tenant relationship and grounds for eviction matter.
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