BALJEET SINGH Vs. AMRISH KUMAR JINDAL

JUDGEMENT

(1.) THIS revision petition has been filed by Baljeet Singh against the order dated 14.3.2015 vide which his application under Order 1 Rule 10, CPC, for impleading him and one Deepika Gupta as parties to the ejectment petition was dismissed by learned Rent Controller, Ludhiana.

(2.) BRIEF facts as mentioned in the application under Order 1 Rule 10, CPC, before the learned Rent Controller were that the landlords have claimed ejectment of M/s Ganesh Iron Store and its partners from the entire property No.495, Industrial Area B, Ludhiana (hereinafter referred to as the plot) on the ground of non -payment of rent and personal use and occupation. This petition is being contested by M/s Ganesh Iron Store half -heartedly which shows that the tenant has colluded with the petitioners. There had been a long drawn litigation between the predecessors of landlords prior to the filing of the instant ejectment petition under Section 13 of East Punjab Urban Rent Restriction Act, 1949(hereinafter referred to 'the Act'). After losing battle up to Hon'ble Apex Court, they have filed the instant ejectment petition against M/s Ganesh Iron Store and its partners.

(3.) ON notice, the petitioners filed reply taking preliminary objections that this application is shear abuse of process of law as the same has been filed with a mala fide intention to delay decision of the main case; that this application has been got filed by the respondents; that Deepika Gupta is non else than the daughter -in -law of Ashok Kumar respondent and Baljeet Singh is closely related with the respondents; that the applicants have no locus standi to file this application since there is no privity of contract qua the demised premises between the applicants and the petitioners and that the alleged rent note, partnership etc. are fabricated during the pendency of the case. It is also their case that during the pendency of the petition the respondents got filed a separate suit from Deepika Gupta who is the daughter -in -law of Ashok Kumar in which they impleaded the petitioners as well as Ashok Kumar and Kavita Rani wife of Ashok Kumar as defendants. On merits, it is denied that M/s Ganesh Iron Store etc. has been contesting the ejectment petition half heartedly or that they are colluding with the petitioners. It is their further case that after the death of Prem Chand, one of the partners of M/s Ganesh Iron Store, one Anoop Jindal was made as a partner in the firm of M/s Ganesh Iron Store being LR of Prem Chand. Ashok Kumar made his wife Kavita Rani as a partner in this firm. Rest of the averments made in the application, were also denied by the petitioners.