DUNLOP INDIA LIMITED Vs. KAMAL MITRA CHENOY

JUDGEMENT

(1.) The challenge in the present appeal is the composite order dated 24.07.2014 passed by the learned Single Judge dismissing the appellant application under Order 7 Rule 11 CPC, and Order 1 Rule 10, read with Section 151 CPC, while allowing the respondent/plaintiffs application under Order 6 Rule 17 CPC. The appellant's principle grievance is that the respondent/plaintiff has joined two distinct cause of actions in one suit which arise out of two reliefs have been clubbed together to invoke jurisdiction of this Court. Lastly, it is contended that there is a misjoinder of plaintiff No. 2 in the suit, because the plaintiff No. 2 is not a necessary or proper party in a suit for possession filed by plaintiff No. 1 against the appellants.

(2.) We have heard Mr. C. Mukund, the learned counsel appearing for the appellants and Mr. Sandeep Sethi, the learned Senior Advocate appearing for the respondent Nos. 1 and 2, who appears on advance notice.

(3.) The suit for eviction/permanent injunction has been filed by respondent No. 1/plaintiff against the appellants in respect of property bearing No. 19, Block No. 171, Sunder Nagar, New Delhi. As per the case set up by the plaintiffs, plaintiff No. 1 has claimed himself to be the owner of the said property, which were let out by him to the, appellant/defendant No. 1 for the residence of the appellant No. 2/defendant No. 2, viz. Dr. A.P. Singh and his family members, through a registered Lease Deed for a period of three years w.e.f. 1st August 2009. It is also the case of the plaintiffs that a separate Hire Agreement-dated 1st August 2009 was executed between the appellant No. 1 and respondent No. 2/plaintiff No. 2 for the hire of the fittings and fixtures, this Hire Agreement was to expire alongwith the Lease Agreement i.e., after a period of three years. The rent of the premises were Rs. 1,60,000/- which were payable by appellant No. 1 to the plaintiff No. 1/Respondent No. 1. The hire charges of Rs. 2,14,000/- were payable by the appellant No. 1 to the respondent No. 2/plaintiff No. 2.