MONIKA AND ANOTHER Vs. RAJESH SHARMA AND ANOTHER

JUDGEMENT

(1.) The present civil revision under Article 227 of the Constitution of India has been filed for setting aside the order dated 16.01.2020 whereby the Rent Controller, Batala has dismissed the application for clubbing of the cases titled Monika vs. Rajesh Sharma and Asha Rani vs. The Delhi Cloth and General Mills Company Limited .

(2.) In brief, the facts relevant to the present case are that one Sat Dev Khullar was the owner of the suit property. After his death, Asha Rani along with other legal heirs stepped into his shoes. An ejectment petition was filed by Asha Rani titled Asha Rani vs. The Delhi Cloth and General Mills Company Limited (RP/24/2015 ) on the ground of bona fide personal necessity, subletting and non-payment of rent. In the said case, the present petitioner filed an application under Order 1, Rule 10 read with section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') for being impleaded as a petitioner therein being a co-sharer. The said application was contested by Asha Rani on the ground that she had inherited the estate of Sat Dev Khullar vide Will dated 20.05.1985 and Monika Khullar, i.e., the petitioner herein had no interest in the property. The said application filed by Monika Khullar, the petitioner herein, was dismissed vide order dated 23.07.2015 passed by the Rent Controller. Against the said order, the present petitioner filed Civil Revision No.5107 of 2015 in this Court. Vide order dated 29.03.2017, the revision petition was dismissed. Thereafter, an application was filed under Order 1, Rule 10 CPC by Vibhu Khullar, minor son of Monika Khullar (petitioner herein) which was again dismissed by the Rent Controller vide order dated 10.12.2018 with an observation that the applicant therein was not a necessary party and that one co-sharer was competent to file an ejectment petition against the tenant. Monika Khullar, petitioner herein, thereafter filed an ejectment petition titled Monika vs. Rajesh Sharma, Manager of The Delhi Cloth and General Mills Company Limited (RP/25/2017 ) on the ground of non payment of rent and bona fide personal necessity. On an application moved by the petitioners herein under Section 24 of the Code of Civil Procedure, 1908, the file of Asha Rani vs. The Delhi Cloth and General Mills Company Limited was transferred to be tried by the same Court. Against the said order, Asha Rani filed Civil Revision No.3852 of 2019 in this Court wherein, vide order dated 29.11.2019, the order dated 17.01.2019 was upheld, however, with the rider that the two matters will not be clubbed with each other except by way of a reasoned order on an application filed by Monika. Thereafter, the petitioner filed an application for clubbing of the two cases on the ground that the shop in dispute was the same and that in order to avoid multiplicity of proceedings both the cases should be clubbed together. Vide the impugned order dated 16.01.2020, the said application for clubbing was dismissed. Aggrieved by the said order, the present revision petition has been filed.

(3.) I have heard the learned counsel for the petitioners as well as the learned counsel for the caveator/respondent No.3.