SANYOGTA PRAKASH Vs. BIBI DHIRA BALA

JUDGEMENT

(1.) VIDE the present petition, petitioner has assailed the order dated 20.04.2013 passed by the learned ARC, whereby an application filed by the petitioner under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 was dismissed.

(2.) IT is important to note that the landlady/respondent No.1 has filed an eviction petition under Section 14 (1) (e) read with Section 25(B) of the Delhi Rent Control Act, 1958 (hereinafter to be referred as 'DRC Act') against the respondent No.2/husband of the petitioner. Case of the petitioner herein is that her husband/respondent No. 2 is the tenant in the premises/shop bearing No. 133, Bhagat Singh Market, New Delhi and she would be vitally and directly affected from the outcome of the eviction petition against her husband for the reason that a civil suit for specific performance of an agreement to sell qua the suit property is pending before the court. Therefore, if her husband is deprived of the possession, automatically she will be deprived of the fruit of her long pending litigation.

(3.) ADMITTEDLY , the eviction petition is pending for trial before the Trial Court. Case of the petitioner is that if she succeeds in the civil suit seeking specific performance of an agreement to sell, then it will be very difficult to get the possession of the suit property, in case respondent No. 1 succeeds in the eviction petition and consequently, respondent No.2/husband of the petitioner is evicted from the said property. Therefore, the petitioner is seeking right to become a party in the eviction petition. She is not claiming any right at present, but wants to save her future rights, if succeeds in the suit for specific performance.