SUKHDEV SINGH Vs. SUDERSHAN SEWA TRUST

JUDGEMENT

(1.) Applicants are in revision against the order dated 23.02.2011 (P-1) passed by the learned Rent Controller, Amritsar whereby their application under Order 14 Rule 5 CPC read with Section 151 CPC for framing of additional issues has been dismissed and also another order of even date whereby their application Under Order 22 Rule 10 CPC read with Section 151 CPC for being impleaded as assignees of landlord who is respondent no.1 in the present petition has been dismissed.

(2.) In brief, facts of the case are that respondent no.1 filed an ejectment application against the respondent no.2 who has since died and represented by his Lrs as well as against respondent no.3. In the said eviction application, the applicants moved an application under order 22 Rule 10 CPC as well as application under Order 14 Rule 5 CPC for being substituted as landlord instead of respondent no.1 and consequently for framing additional issues(Annexure P-6 colly).

(3.) Through the said applications it was averred by the applicants that they had purchased the property in question vide two sale deeds dated 2.9.2008 for valuable consideration and mutation have also been sanctioned by the Revenue Authorities. It was stated that the said property was bought from one Usha Bhatia who is daughter of Parshottam Dass Kumar. This Usha Bhatia had inherited property from Parshottam Dass Kumar through a legal and valid Will dated 12.06.2000 and thus after the death of Parshottam Dass Kumar on 27.12.2002, Usha Bhatia became the owner of the demised premises hence, it was stated that it is through Usha Bhatia that the property was bought and consequently for all intents and purposes it is the applicants who have become the owners of the property in question.