INDER LAL Vs. BABU LAL

JUDGEMENT

(1.) THIS is a revision petition filed under Sub-section (6) of Section 15 of the Haryana Urban (Control of Rent Eviction) Act, 1973, (hereinafter referred to as the "act" ). The petitioner has challenged the legality and propriety of the impugned order dated 9. 2. 1992 passed by the Rent Controller, Narnaul, allowing the application of Babu Lal under Order 1 Rule 10 of the code of Criminal Procedure and impieading him as a respondent in the eviction proceedings instituted by the petitioner against the tenant Ghanshayam Dass (respondent No. 2) for recovery of possession of the shop in dispute (hereinafter referred to as "building" ).

(2.) BABU Lal died on 28. 5. 1993 during the pendency of the revision petition and his legal representatives were brought on record in his place as respondent No. 1.

(3.) BABU Lal claimed that he was the real brother of the deceased husband of Bhagwati Devi, that she held only a limited interest in the property in lieu of maintenance and had no right to execute the will, and that after the death he became the owner and landlord of the building in dispute. On these facts, relying upon a decision of this Court in the case of Janki Devi and Ors. v. Tara Chand and Ors. , 1984 H. R. R. 468, the learned Rent Controller held that Babu Lal was entitled to be impleaded as a party.