RAHUL SACHDEVA Vs. KISHORE KUMAR SHARMA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 13th March 2008 passed by learned trial court whereby the application of the petitioners under Order 1 Rule 10 read with section 151 of the CPC for their impleadment as respondent, has been dismissed by learned trial court.

(2.) THE petitioners who are son and daughters of Late Shri I. R. Sachdeva filed an application under Order 1 Rule 10 to be impleaded as a party in the eviction petition filed by the landlords on the ground available under Section 14 (1) (b) and 14 (1) (j) of Delhi Rent Control Act against the petitioners' mother smt. Raj Sachdeva and proprietary firm M/s Perfect Pipe Industries and one Mr. Narender Kumar Wadhwa who was stated to be sub tenant.

(3.) AN eviction petition was earlier filed by the landlord being E 215 of 1999 which was contested by the then tenant i. e husband of Smt. Raj Sachdeva and also by Mr. Narender Wadhwa. That petition was settled by compromise before the learned ARC and statements of parties were recorded on 11th December 2002 and mr. I. R. Sachdeva was admitted as a tenant by the landlord on a monthly rental of Rs. 2750/ -. Mr. I. R. Sachdeva died on 12th December 2005 and his widow Smt. Raj Sachdeva became proprietor of M/s Perfect Pipe Industries and she also started tendering the rent of the premises. By way of instant petition, filed on the ground of subletting, the petitioners claimed that the tenanted premises, a room of tin shed with a portion of open space on first floor of building number 24, Nazafgarh Road, was sublet by Smt. Raj Sachdeva to respondent No. 3 and respondent No. 3 alone was using the premises as illegal sub tenant/unlawful occupant.