RAM LILA SABHA Vs. BHAGWAN DASS

JUDGEMENT

(1.) The instant revision has been filed seeking to challenge the order dated 9.1.2017 passed by the Appellate Authority, Karnal, in proceedings that had been initiated under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 against the respondent-Bhagwan Dass.

(2.) In brief, the facts are that the petitioner herein had filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 against tenant Bhagwan Dass seeking his eviction on the ground that there was material impairment of the rented premises. The eviction petition was contested and the issues were framed by the Rent Controller. The parties led evidence and after appreciation of the same, the Rent Controller by his order dated 25.3.2014 allowed the ejectment petition and granted the respondent/tenant four months time to hand over the vacant possession. Aggrieved against the said order, the tenant preferred an appeal before the Appellate Authority, Karnal, who during the course of arguments in the appeal, passed an order impleading the Haryana Wakf Board as respondent No.2 and directed the counsel for the petitioner to place on record amended title by impleading Haryana Wakf Board as respondent No.2.

(3.) The genesis of passing of the said order was that during the arguments raised, it had come to the notice of the Appellate Court that there was no document on the record to establish the ownership of the landlord and on coming to a conclusion that Haryana Wakf Board was the owner of the disputed property, the Appellate Authority directed that for proper adjudication of the dispute between parties, the Haryana Wakf Board was required to be impleaded. Aggrieved against the said order, the instant revision has been preferred by the petitioner-landlord, who had filed the eviction petition.