R N BOSE Vs. BASAB MUKHERJEE

JUDGEMENT

(1.) Petitioner R.N.Bose wanted to get impleaded in the eviction petition filed by Sh.Basab Mukherjee against his tenant M/s Auto Motors.

(2.) The impleadment has been sought, inter alia, on the grounds that petitioner was in fact the tenant. Because of his personal arrangement made with M/s Auto Motors, his employer, the rent was being paid by the said company, though it was he who in fact had been reimbursing the same to the Company. In his absence being the actual tenant any order passed would be adverse to his interest and ultimate decision would effect him.

(3.) This application has been contested by the respondent/ landlord on the ground that property was let out to the Company M/s Auto Motors and not to the petitoner. Petitioner was only an employee of M/s Auto Motors. In an earlier petition filed under Section 14(1)(e) and (k) of the Delhi Rent Control Act (hereinafter called the "Act"), similar plea was taken by respondent No.2 before the Rent Controller. But the same was rejected holding that the company was the tenant and not Sh.R.N.Bose. Petitioner herein filed a suit seeking declaration to the effect that he was in lawful possession of the suit premises as tenant. Alongwith the suit he filed an application asking for interim injunction. Interim relief was not granted. Appeal against the said order was also dismissed. It is in this background that trial court after hearing counsel for the parties dismissed his application vide the impugned order.