Vijay Kalra vs Anuj Kumar - 2024 Supreme(All) 2115

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2115

AJIT KUMAR
Vijay Kalra – Appellant
Versus
Anuj Kumar – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Gulrez Khan, Javed Husain Khan
For the Respondent: Ajay Kumar Sharma

JUDGMENT :

Ajit Kumar, J.

1. Heard Sri W.H.Khan, learned Senior Advocate assisted by Sri Gulrez Khan, learned counsel for the petitioner and Sri M.D. Singh Sekhar, learned Senior Advocate assisted by Sri Ajay Kumar Sharma, learned counsel for the respondent.

2. Petitioner Vijay Kalra has questioned the order passed by Rent Appellate Court in Rent Control Appeal No. 21 of 2022 allowing release application qua tenanted premises in favour of landlord respondent-Anuj Kumar, even though the land lord respondent never admitted petitioner to be tenant and even after his impleadment being ordered in the release application by amendment in release application, it was made specific to opposite party No. 1 therein. It is argued that since release was filed against opposite party No. 1, the release of denied premises could not have been ordered against present petitioner. He claimed to have entered into a partnership firm with his father, Hansraj Kalra in 1984 and after death of his father in the year 1992, he became proprietor of the firm, namely, M/s. Hemraj and he having not been treated as tenant by the land landlord, the application could not have been granted taking him to have succeeded th