The suit for eviction can only determine the rights between a landlord and a tenant and cannot determine ownership rights.

JUDGMENT :

1. Though the matter has been listed under the ‘Reply Not Filed Category’, however, the matter is being heard today itself with the consent of counsel for both the parties.

2. The instant writ petition has been preferred by the petitioners under Article 226 and 227 of the Constitution of India with the following prayers:-

a) the order dated 17.1.2015 passed by learned Civil Judge (Jr Div.) Sujangarh, District Churu may kindly be quashed and set aside.

b) the application filed by the petitioners under order 1 rule 10 of CPC may kindly be allowed as prayed.

c) any other writ, order or direction which this Hon’ble Court deems fit in the interest of Justice and the petitioners may kindly be passed.

3. Brief facts of the case are that a suit for eviction was filed by deceased respondent No.1-plaintiff Ramdai on ground of default against respondent No.2-defendant Ashok Kumar who is the real son of the respondent No.1-plaintiff. Petitioner No.1 is the wife of respondent No.2-defendant Ashok Kumar and the petitioner No.2 Amit is the son of Ashok Kumar and the respondent No.1-plaintiff was the mother-in-law of the petitioner No. 1 and grandmother of petitioner No.2 and both the petitioners are living in the premises as they are the family members of the respondent No.1 -plaintiff.

4. The deceased respondent No.1 Ramdai filed a suit (Annexure-1) of eviction against her son respondent No.2 Ashok Kumar who was paying rent till the date 31.12.2004 but thereafter he did not pay the rent and therefore the deceased respondent No. 1-plaintiff Ramdai gave a legal notice to the defendant Ashok Kumar who refused to take the notice. It was also prayed that the vacant possession of the premises be handed over to the deceased respondent No.1-plaintiff. However the respondent No. 2 Ashok Kumar did not appear before the trial court even after service of notice on him and thus the matter was ordered to be proceeded ex parte against him.

5. Thereafter as the petitioners were living in the premises owned by the deceased respondent No. 1-plaintiff in the capacity of family members of deceased Ramdai therefore they filed an application under Order 1 Rule 10 of Civil Procedure Code 1908 (Annexure-2) for impleading them as a party respondent in the suit as the respondent No.2 Ashok Kumar was not appearing in the suit as he was not living with the petitioners for many years. The deceased Plaintiff-respondent No.1 filed a reply (Annexure-6) to the application filed by the petitioners and denied the contentions of the application.

6. The petitioners are living in the house and the electricity connection, water supply connection and the telephone connections (Annexure-3) are also in the name of the petitioner No.1. Moreover the names of petitioners are also entered in electoral roll (Annexure-4) and in the copy of Ration Card Certificate as well issued by Municipal Board Chapper (Annexure-5).

7. The application under Order 1 Rule 10 Civil Procedure Code 1908 was heard and rejected by the learned trial Court vide order dated 17.01.2015. (Annexure-7). In addition to that the plaintiff-respondent No.1 died on 16.6.2007 and respondent No.1/1 Anil Kumar who is a son-in-law of the deceased plaintiff-respondent No.1 was arrayed as a legal representative vide order dated 17.1.2015. Thus being aggrieved of the order dated 17.01.2015 dismissing application Order 1 Rule 10 filed by the petitioners, the petitioners prefer this writ petition.

8. Learned Counsel for the petitioners submitted that the petitioner No.1 is a daughter-in-law of the deceased respondent No.1 Ramdai and wife of the defendant and similarly the petitioner No.2 is the grandson of the deceased respondent No.1 Ramdai and son of defendant and both the petitioners are living in the house as the family members of deceased respondent No.1 Ramdai and defendant. He further submitted that the defendant never took the premises on rent but the deceased respondent No.1 Ramdai and defendant in order to throw