PARVINDER SINGH BAGGA Vs. NARENDER DANG

JUDGEMENT

(1.) THE petitioners have impugned the order dated 3 rd August, 2013 whereby their application under Order 1 Rule 10 CPC was dismissed. The facts of the case are that one Sh.Narender Dang, respondent No.1 herein, filed an eviction petition, being E -276/2013, against Amolak Singh. During the pendency of the eviction proceedings, an application under Order 1 Rule 10 CPC was filed by the petitioners.

(2.) IT was stated in the application that in the said eviction petition, the petitioner in collusion with the respondent Sh. Amolak Singh has filed this eviction petition. One Sh. Amar Singh Bagga was the tenant in the suit property under M/s Sethani Indermani Jatia Charitable Trust Khurja, the owner of the suit property. Sh. Amar Singh Bagga died on 24.02.1881 leaving behind the following legal heirs: -

(3.) THE case of the respondent No.1 before the learned Trial Court was that Amolak Singh was carrying on the business from the suit property and as such, the other legal heirs had got nothing to do with the suit property. The contention of the learned counsel for the respondent No.1 is that the eviction petition filed by the respondent No.1 was very much maintainable before the learned Trial Court. His submission is that the application has been filed by the petitioners in order to delay the eviction proceedings pending before the learned Trial Court. He has relied upon various judgments in support of his submissions.