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SATISH KUMAR SHARMA
Shyamlal Vyas (Dead) – Appellant
Versus
Inderchand (Dead) – Respondent
ORDER
1. This petition has been filed by the landlord-applicants against the order dated 22.10.2021 passed by the Rent Controlling Authority, Laskar, Gwalior (M.P.) in Eviction Case No.24/95-96X90-7, whereby the application filed by the intervenor-respondents under Order 1 rule 10 of the CPC for impledment has been allowed.
2. Brief relevant facts for disposal of this petition are that the applicants had filed an eviction application under section 23-A of M.P. Accommodation Control Act, 1961 against the respondent No. 2 on the ground of bona-fide requirement of his son before the Rent Control Authority, Gwalior. The respondent No. 3 intervenor filed an application under Order 1 rule 10 for impleadment in these eviction proceedings with the averment that it has obtained possession of the rented shop from the respondents tenant No.1 & 2 in the execution of a decree passed by the civil Court in its favour. The application of the intervener has been allowed by the impugned order against which this petition has been filed by the landlord/applicants.
3. Heard learned counsel for both the sides and perused the material available on record.
4. Learned counsel for the petitioners submits that
The landlord is required to prove the existence of the relationship of landlord and tenant and the grounds for eviction, and the title to the premises in dispute is not essential for the decision of ....
A third person claiming ownership of a property cannot intervene in a landlord-tenant dispute and must seek a separate declaration of ownership.
In eviction proceedings, the question of title is irrelevant; only the landlord-tenant relationship and grounds for eviction matter.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
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