LAWS(MAD)-2007-6-343

P A GULAZAR AHAMED Vs. ARULMIGU MAHALIAMMAN KOIL

Decided On June 05, 2007
P.A. GULAZAR AHAMED Appellant
V/S
ARULMIGU MAHALIAMMAN KOIL Respondents

JUDGEMENT

(1.) THESE revisions are filed by the revision petitioner, landlord as against the impugned orders of the learned Rent Control Appellate Authority, Thiruppur in ordering impleadment of the first respondent as party in the Rent Control Appeals.

(2.) THE brief facts of the case are as follows: - THE revision petitioner as land lord of the petition premises filed RCOP.No:3 of 1995 against one Subbaia Naidu, the father of the second respondent in CRP.Nos:864 and 866 of 2005 before the learned Rent Controller, Palladam, for eviction on the ground of willful default in the payment of monthly rents and also on the ground of demolition and reconstruction. He also filed RCOP.NO.4 of 1995 against the second and third defendants in CRP.No:865 of 2005 on the same two grounds. THE said Subbaia Naidu, fatehr of the respondents in CRP.Nos:864 and 866 of 2005 filed RCOP.No:1 of 1996 before the same Rent Controller, Palladam for deposit of monthly rents into court impleading the petitioner as respondent in the said RCOP.No.1 of 1996.

(3.) THE respondents/tenants aggrieved by the order passed in RCOP.Nos: 3 and 4 of 1995 and 1/1996 preferred appeals in RCA.NOs:3,2, and 1 of 2002 respectively before the learned Rent Control Appellate Authority, Tiruppur, which are still pending. Pending the same, the first respondent-Temple, once again filed I.A.Nos:2164, 2165 and 2166 of 2004 for impleading themselves as party to the Rent Control Appeal proceedings. THE revision petitioner contested the said applications and also brought to the notice of the Appellate Authority about the earlier dismissal of such an application filed in I.A.No:6 of 2001 before the Rent Controller, Palladam. However, the learned Rent Control Appellate Authority, Tiruppur allowed the I.As filed for impleadment holding that since there is a dispute as to the ownership of the demised property and patta has been granted in favuor of the temple after direction given by the High Court, Madras such impleadment would be necessary and proper for the disposal of the appeals. Aggrieved of the same, the present three Revision Petitions are filed.