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NEERAJ TIWARI
Rammohan Gupta @ Mohan Gupta – Appellant
Versus
Rakesh Kumar Verma. – Respondent
| Table of Content |
|---|
| 1. landlord-tenant relationship is distinct from ownership. (Para 3) |
| 2. necessary parties must prove their necessity in litigation. (Para 4 , 5) |
| 3. dominus litis principle applies; no compulsion to join parties. (Para 6) |
| 4. quashing of the impugned order. (Para 7) |
| 5. court's observations do not affect ownership title. (Para 8) |
JUDGMENT
Neeraj Tiwari, J.
Mr. Harshvardhan Gupta, Advocate has filed Vakalatnama on behalf of opposite party nos. 2 & 3, which is taken on record.
2. Heard learned counsel for the revisionist and Sri Sumit Daga, learned counsel for the opposite party nos. 2 & 3.
3. Learned counsel for the revisionist submitted that revisionist is landlord of the shop in question and the said shop was let out to opposite no.1. Later on, plaintiff-petitioner has filed Suit No.5 of 2021 against the defendant-opposite party upon which written submission has also been filed by defendant-opposite party no.1 in which he has accepted the relation of landlord and tenant. Now at this stage, opposite party nos. 2 & 3 has filed application under Order 1, Rule 10 of CPC for impleading the applicant as defendant nos. 2 & 3 on the ground that they are actual owner of the landlord
In an eviction suit, the landlord and the tenant are the only necessary parties, and the title of ownership of the landlord is not relevant.
Respect for the plaintiff's authority in civil proceedings and the relevance of joining necessary parties to assist the court in adjudicating the principal question arising for decision.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
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