PARMESHWARI DEVI ETC Vs. JIWAN LAL

JUDGEMENT

(1.) Data Ram had two sons, namely, Karta Ram and Sadhu Ram. The present revision petition has been filed by the successors of Sadhu Ram, whereas respondents belong to the family of Karta Ram. Admittedly, both Karta Ram and Sadhu Ram had died. Their legal representatives are in litigation over the estate of Data Ram and civil litigation is pending as to who is the owner and who has a valid title. During the proceedings the fact that the property belong to the estate of Data Ram has been controverted by legal representatives of Sadhu Ram by stating that the land on which shops are situated were purchased by Sadhu Ram in an open auction. A civil suit is also pending between the parties regarding ownership and title over the CR No. 4048 of 2006[2] property. Besides this, it has been stated that Smt. Parmeshwari Devi has re-married. Therefore, she cannot claim interest in the estate of Sadhu Ram.

(2.) Petitioner Parmeshwari Devi, Harish Kumar alias Hira Lal, Sanjiv Kumar and Jagmal who claim interest to the estate of Sadhu Ram filed 13 petitions including the present one seeking eviction of the tenant on the ground of non payment of rent. During the pendency of the petition, respondents who also claim interest to the estate of Karta Ram filed an application under Order 1 Rule 10 CPC claiming themselves to be landlord. They relied upon various receipts issued by them to the tenant and stated that rent has been paid to them by the tenant, therefore, they are necessary party to be impleaded in the eviction petition filed by Smt. Parmeshwari Devi etc.

(3.) The Rent Controller noticed the pendency of the civil litigation between the parties. It also noticed that a criminal case is pending against Smt. Pareshwari Devi and others where compensation granted by the Land Acquisition Authorities, was dispensed to her. It was claimed that she was not entitled to the compensation. Claim and counter claim regarding the title were advanced by the parties before Rent Controller and same were also noticed in the order.