VIDYA SAGAR Vs. KESHO KUMAR AND ANR.

JUDGEMENT

(1.) This petition on behalf of the landlord-petitioner is against the order of the Rent Controller dated 24th November, 1976, by virtue of which he allowed the application of one Shrimati Savitri Devi for impleading her as a party to the application for ejectment of Kesho Kumar, under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973.

(2.) Shrimati Savitri Devi alleged in her application under Order 1 Rule 10 of the Code of Civil Procedure, that she be impleaded as a party to the ejectment proceedings on the ground that respondent Kesho Kumar was a tenant under her husband Lakshmi Nath, who was the real brother of the present petitioner Vidya Sagar. After the death of her husband, she has been recovering rent from the tenant and had recovered rent upto date. In reply to this application, the tenant also admitted her to be his landlord and also produced certain receipts issued by Savitri Devi in token of having received rent from him.

(3.) The learned counsel for the petitioner cited Shri Hans Raj v. Murari Lal and another, 1976 RCR(Rent) 64, in support of his contention that in a rent suit the third party claiming to be owner of the property could not be made a party as it would convert a simple suit for arrears of rent into one for determination of the title to the property in respect of which the ejectment is sought. I have gone through the said judgment carefully. It is not clear therefrom that on what basis Shubh Karan Dass, was allowed to be impleaded as party by the Rent Controller, because that will make a vital difference. Moreover, in the present case, Savitri Devi has been allowed to be impleaded as a respondent, and, therefore, the question of deciding any title or dispute between the landlord or the added respondent will not arise. The relationship between the parties, that is, between the added respondent Savitri Devi and the landlord - Vidya Sagar is very material. Her presence in the petition pending before the Rent Controller will further the ends of justice and avoid the multiplicity of proceedings.