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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. JUSTICE P.T. ASHA, J
J.Jayapaulmohan – Appellant
Versus
Zahira Banu – Respondent
ORDER:
P.T. Asha, J.
Challenging the order passed by the XIX Additional City Civil st Court, Chennai in I.A.No.8 /2023 in O.S.No.8545/2022, the petitioner/1 defendant is before this Court.
2. The petitioner had filed I.A.No.8 of 2023 to implead the respondents 5 to 8 herein as defendants 3 to 6 in the main suit which has been dismissed by the learned Judge with costs.
3. The facts are briefly set out hereinbelow:-
4. The plaintiffs/respondents 1 to 3 had filed the suit O.S.No.8545 of 2022 on the file of the XIX Additional City Civil Court, for delivery of possession, permanent injunction and damages.
5. The plaintiffs would contend that the property in question was leased to 8 tenants, 3 of whom, namely, Zhathoon Bi, Glori and Raja have been tenants for a very long time and have committed a willful default in the payment of rent, act of waste and sub-letting. Therefore, the plaintiffs had filed RCOP.No.1513 of 2002 on the file of X Small Causes Court, Chennai seeking their eviction. The respondents/tenants in the said RCOP had raised a plea that there was no landlord-tenant relationship between the plaintiffs 1 to 3 and themselves. The remaining 5 tenants, namely, Mrs.Antony, Mr.Roopan,
The plaintiff has the exclusive right to determine necessary parties in a suit, and a defendant lacks locus standi to seek impleadment of additional parties.
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 proceedings, the question of title is irrelevant; only the landlord-tenant relationship and grounds for eviction matter.
A non-bona fide denial of landlord's title by a tenant justifies eviction under the Tamil Nadu Buildings (Lease and Rent Control) Act.
Court allowed dismissal of impleadment application for lack of legal standing, emphasizing that unregistered sub-leases cannot assert rights post-expiration of the main lease.
The eviction of a tenant can be justified based on wilful default, evidenced by non-payment of rent, regardless of claims about the landlord's identity or agreements made post-tenancy.
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