C.R.No.4042 of 2010

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IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.

C.R.No.4042 of 2010

Date of decision: 20.7.2011

Ajmer Singh

...Petitioner

vs

Krishna Devi and another

....Respondents

CORAM:

MR.JUSTICE RAKESH KUMAR GARG.

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Present:

Mr.Sumeet Goel, Advocate, for the petitioner.

--

Rakesh Kumar Garg,J.(Oral)

Petitioner is aggrieved by an order dated 22.5.2010 whereby

his application to implead him under Order 1 Rule 10 CPC in Eviction

Petition No.17 of 2009 titled as Krishna Devi v. Darshan Lal, pending

before Rent Controller,Pehowa, has been rejected.

As per the averments made in this petition, the petitioner filed a

civil suit on 10.8.2009 for injunction against respondent No.1 (landlord)

and others restraining them from interfering in his peaceful possession over

the suit property either by demolishing or in any other manner except in

due course of law, specifically pleading that he had taken the suit property

(i.e. the demised premises) on rent from the defendants ( i.e. respondent

No.1 in this petition). It is also averred that in the said civil suit the parties

have been directed to maintain status quo qua the property in question.

Petitioner also filed a petition under section 10 of the Haryana (Urban

Control of Rent and Eviction)Act, 1973( hereinafter referred to as “the

Act”) praying therein that electricity supply be ordered to be restored in the

tenanted premises or he be allowed to get the electric connection in his

C.R.No.4042 of 2010

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name and the Rent Controller,Pehowa, vide his order dated 18.1.2010

ordered that the petitioner was entitled to get the electricity connection in

his name in the premises in question subject to the decision of the petition,

under section 10 of the Act.

Respondent No.1 Krishna Devi filed a petition for ejectment

under the Act against respondent No.2. In the said eviction petition the

petitioner moved an application under Order 1 rule 10 CPC for his

impleadment on the ground that he was the actual tenant in the premises on

payment of Rs.200/- per month. The said application was contested by

respondent No.1-landlord. The Rent Controller vide impugned order dated

22.5.2010 has rejected the prayer of the petitioner for impleadment. Hence

this revision petition.

Challenging the aforesaid order, learned counsel for the

petitioner has vehemently argued that while passing the impugned order, the

Rent Controller has not appreciated the documents/evidence available on

record as it is the specific stand of the petitioner that he is the actual tenant

in the premises in question and, therefore, he ought to have been impleaded

as a party and the said impleadment will facilitate the fair and proper

adjudication between the parties.

I have heard the learned counsel and perused the impugned

order as well as other documents placed on the record of the case and the

averments made in the revision petition.

A perusal of the impugned order would show that respondent

No.1 Krishna Devi has filed ejectment petition No. 17 of 2009 against

respondent No.2 on various grounds including that the said tenant has

sublet the tenant premises to the petitioner without her consent and has also

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transferred the possession and at present petitioner was in actual possession

of the tenanted premises.

It is well settled that a sub tenant is not a necessary party to the

eviction proceedings of a tenant. It is also an admitted fact that petitioner

has already filed two petitions i.e. one civil suit for permanent injunction

alleging himself to be a tenant in the suit property and a petition under

section 10 of the Act for restoration of electric connection in his name

claiming himself to be a tenant in the suit property. The civil suit for

permanent injunction filed by the petitioner is earlier in time and petitioner

is already persuing his remedy of permanent injunction claiming himself as

a tenant in the civil suit.