1987 Supreme(J&K) 149
R.P.SETHI
Chaman Lal – Appellant
Versus
Sham Lal Gupta – Respondent
Advocates Appeared:
Advocate For Appellant: L.K. Sharma
Advocate For Respondent: K. Chopra
1. In a suit for ejectment, filed by Shri Sham Lal Gupta respondent against ?hri Om Parkash & Others, the petitioner here filed application under Order 1, Rule 10 of C.P.C.for being impleaded as a party-defendent in the case. The petitioner alleged in his application that he was the real tenant of the shop regarding which suit for ejectment was filed and that the suit was malafidely filed against the defendants with the oblique motive of evicting him. It was alleged that the petitioner was the tenant of Sh. Amrit Lal, who alongwith his real brother Inder Lal and cousin Joginder paul owned three shops at Upper Gumat, Jammu, but with their modus operandi to defeat the provisions of Houses and Shops Rent Control Act they leased out the shops and got rent deeds executed from different persons benami with the obiect to eject the actual tenants as and when they desired. It is stated that Inder Lal let out the shop
to Kartar Nath son of Mulkh Raj and got rent deed executed from Bishan Dass. Similarly, Joginder Pall let out the shop to Banarsi Dass and got rent deed executed from Makhan Lal; and Amrit Lal let out the shop to the petitioner and got rent deed executed from Chhaiu Ram. The pet
Click Here to Read the rest of this document