SHEIKH MOHD ZAKIR Vs. SHAHNAZ PARVEEN

JUDGEMENT

(1.) The present petition has been preferred against the order of the Ld. Rent Control Tribunal dated 06.03.2012 whereby the Ld. Tribunal affirmed the dismissal of application filed by the petitioners under Order 1 Rule 10 Code of Civil Procedure (CPC) by Ld. Additional Rent Controller(Central) vide order dated 25.08.2011. The facts giving rise to the present petition in brief are that the respondent no.1 filed an eviction petition under Section 14(1)(e) r/w Section 25-B of Delhi Rent Control Act (hereinafter referred as 'DRCA') against the tenants i.e. respondent nos. 2 & 3 stating therein that she has 10/12th share in property no. 498-E, Gali Teeke Wali, Churiwalan, near Jama Masjid, Delhi and she requires the premises bonafide for herself and her family members who are dependent upon her and she has no other reasonable and suitable residential accommodation available to her.

(2.) Respondent nos. 2 & 3 herein filed an application for leave to defend to contest the eviction petition. During pendency of the petition, an application under Order 1 Rule 10 CPC was moved by the petitioners claiming themselves to be the co-owners of whole of the undivided property in question and it was alleged that their presence was very much necessary for adjudication of the controversy between the parties. The Ld. ARC dismissed the said the application.

(3.) Thereafter, the petitioners filed appeal invoking Section 38 of the DRCA before the Ld. Tribunal.