SUDEEP KAUR Vs. BALWANT SINGH CHHABRA

JUDGEMENT

(1.) Peculiar facts giving rise to this case are that Sudeep Kaur and Charanjit Singh got married on 4.7.1984 according to Sikh rites. After marriage, they lived in the demised premises at Ludhiana. One son namely, Paramjit Singh and one daughter Manjot Kaur were born out of the wedlock. Entire family lived in the house owned by respondent No.1 Balwant Singh Chhabra. An eviction petition was preferred by the landlord against tenant Charanjit Singh (husband of petitioner). During the pendency of the petition, an application was moved by the petitioner for her impleadment as a respondent in the eviction petition. She raised the plea that she alongwith her two children was residing in the premises in question. She was also paying rent thereof. She had earlier sought an injunction to restrain her husband from evicting her from the demised premises. Pursuant thereto an ad-interim injunction was granted by the civil court at Ludhiana. She pleaded that she was a necessary party to the suit. Either she be impleaded as a respondent in place of her husband Charanjit Singh or as additional respondent. Plea of petitioner was resisted by the landlord Balwant Singh Chhabra. He apprised the court that marriage between Charanjit Singh and Sudeep Kaur (petitioner) had been dissolved by way of a decree dated 3.2.2005. They being no longer husband and wife, she had no right to defend the eviction petition.

(2.) Moreover, there was no privity of contract between landlord and wife of the tenant. According to him, instant application had only been moved to delay the eviction proceedings. The application moved by the petitioner was dismissed by the Rent Controller on 4.9.2010. Aggrieved, present petition was preferred before this court.

(3.) Learned counsel for the petitioner has assailed the order contending that petitioner cannot be rendered homeless after having been divorced by her husband. Her rights remained alive by virtue of agreement between her and her husband. At the time of divorce by mutual consent, husband had agreed that he would provide shelter to her.