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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gurmeet Kaur – Appellant
Versus
Manjit Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 24.10.2024 passed by the Rent Controller, Ludhiana in a rent petition vide which application filed by the respondent/tenant under Order 1 Rule 10 CPC seeking to implead the alleged co-owners as parties has been allowed.
ARGUMENTS ON BEHALF OF THE PETITIONERS
2. Learned counsel for the petitioners has submitted that in the present case, the petitioners had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for eviction of the respondent-Manjit Singh from the premises in question. It is further submitted that it was the case of the petitioners that they were co-owners- cum-landlords of the shop in question and had given the details with respect to their rights in the eviction petition. It is stated that to delay the proceedings, the respondent-tenant had filed an application under Order 1 Rule 10 CPC for impleading three persons, who as per his case, were the co-owners of the property in question. It is argued that by virtue of the impugned order, the said application has been allowed and the sa
In eviction proceedings, the question of title is irrelevant; only the landlord-tenant relationship and grounds for eviction matter.
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.
A co-owner can file a Rent Petition independently or jointly with others, but in case he prefers an Eviction Petition independently, then also other co-owners being landlords shall also be entitled f....
Legal heirs of a deceased tenant inherit joint tenancy rights, and eviction decrees can be enforced against one joint tenant without needing all heirs to be party to the proceedings.
The court emphasized the importance of clarity in relief sought, considered the impact of delay on the respondent, and upheld the petitioner's right to cover all objections in the petition.
A co-owner can maintain an eviction petition without other co-owners' consent, provided there are no objections, reaffirming that the landlord-tenant relationship must be established for eviction und....
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