NARESH KUMAR AGGARWAL Vs. GURMEET SINGH PUNIA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Rent Controller rejecting the application of the tenant to amend the written statement in order to incorporate the plea that on the date of the original owner two set of heirs claimed title to the property under two different wills.

(2.) BRIGADIER Joginder Singh filed an application for eviction against Gurdial Singh and the petitioner. In the eviction application, it was stated that respondent No. 2 bad sublet the premises to the petitioner. During the pendency of She eviction application, the applicant, namely, Brigadier Joginder Singh died. His son Gurmit Singh filed an application for imploding him as legal representative of the deceased on the basis of will dated October 18, 1970. The same was allowed The deceased also left behind two daughters, namely, Daljit Kaur and Manjit Kaur, Smt Daljit Kaur claimed title to the property under will dated January 1, 1988 executed by her father in her favour She has also filed a civil suit for a declaration to the effect that she was exclusive owner of the property in dispute under will dated January (sic), 1988, executed by her father, namely, Brigadier Jogindsr Singh The suit is still pending adjudication.

(3.) DURING the pendency of the eviction application, the petitioner moved an application for amendment of the written statement to incorporate the following plea :" that the petition is not maintainable because there is a dispute between the two legal heirs i. e. Gurmit Singh has set up a will dated 10-8-1979 in his favour and Sbrimati Daljit Kaur has set up another will dated 1-1 1988 in her favour, regarding the ownership of the House in question, only the civil court has jurisdiction and the present petition should be dismissed on this ground alone. Otherwise also Shrimati Daljit Kaar has not been impleaded as party. The petition is bad for non joinder of parties. "