RADHE SHAM Vs. GOPAL KRISHAN

JUDGEMENT

(1.) The only grievance raised in this petition preferred against order dated 20.9.2005 passed by the Civi Judge (Junior Division), Amritsar, exercising the powers of Rent Controller under the East Punjab Urban Rent Restriction Act,1949 whereby the prayer of the petitioner to consolidate the three ejectment petitions filed by him has been declined, is that the Rent Controller has not appreciated the facts in right perspective and, therefore, the aforesaid order may be set aside. The predecessor-in-interest of the petitioner had created three tenancies by executing three different rent notes in favour of the respondent qua one building, although for separate portions. He filed three ejectment petitions seeking eviction of the respondent on the ground of personal necessity.

(2.) An application for consolidation of all the three ejectment applications was moved by the petitioner on the ground that the parties are the same, the tenancies were created by his predecessor-in-interest and that it will be in the interest of justice to try all of them together. The application was opposed by the respondent who pleaded that the tenanted premises were different and were not contiguous and, therefore, the ejectment petitions could not be consolidated.

(3.) As noticed above, the Rent Controller, vide the impugned order, rejected the prayer of the petitioner resulting in the filing of the instant petition.