S RAMAMOORTHI Vs. MAHALINGAM

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the rejection order passed in CFR No.4946 of 2010 in I.A.___ of 2010 in RCA No.2 of 2009, by the lower Court against the application filed by the petitioner/respondent(tenant) to implead 3rd parties/respondents 3 to 6 as necessary parties to the appeal proceedings.

(2.) HEARD Mr.T.M. Hariharan, the learned counsel for the revision petitioner and Mr.S.V.Jayaraman, the learned senior counsel for Mr.Govi Ganesan the respondents 1 & 2.

(3.) I have given anxious thoughts to the arguments advanced on both sides. The revision has been filed by the petitioner / appellant / tenant who is lost his case before the Rent Controller and the appeal before Appellate Authority and in the said appal he filed an application to implead the respondents 3 to 6 as proper and necessary parties in the appeal in order to prove that the denial of title of the respondents 1 and 2 to the demised property, by him is bona-fide. The lower Court namely the Rent Control Appellate Authority had rejected the said application as not maintainable. The reason attributed by the lower Court was to the effect that the provisions of CPC is not applicable to the rent control proceedings and the impleadment of third parties was not necessary for the purpose of deciding the bona-fide of the denial of title made by the petitioner / tenant.