SHANTI SHARMA Vs. SHANTI SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by Smt. Shanti Sharma wife of Dina Nath Sharma seeking to quashing the order dated 2.7.2003 passed by Sub-Judge Ist Class (re-designated Civil Judge, Jr. Division), Kasauli, District Solan, whereby application filed by her under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure for impleadment in Civil Suit No. 16/1 of 2001 has been dismissed.

(2.) Smt. Shanti Sharma respondent No. 1 (hereinafter referred to as 'the plaintiff') wife of Shri Geeta Ram Sharma filed suit against respondent No. 2 (hereinafter referred to as 'the defendant') for possession of the two shops measuring 10.1 ft. x 10.1 ft. and 21.6 ft. x 11.6 ft. situated in the second floor of the building known as Shanti Ghereh for ejectment of the defendant and for recovery of Rs. 7200/- as arrears of rent.

(3.) The case of the plaintiff was that she is the owner of the four storyed building named as Shanti Ghereh located at village Jabli, Tehsil Kasauli, Distt. Solan. On the second floor of the said building two shops were rented out to the defendant in July 1989 on monthly rent of Rs. 300/- and Rs. 400/- respectively. The total amount of rent is Rs. 700/- was enhanced to Rs. 900/- per month of both the shops in the year 1995. Thereafter it was further enhanced to Rs. 1200/- per month with effect from 1.1.2000. According to the plaintiff the defendant started storing inflammable material, like liquid Petroleum Gas Cylinders, Kerosene oil without the written consent of the plaintiff and without obtaining licence from the competent authority to keep inflammable material in the shop whereas the shops were rented out to the defendant for running business of General Merchant. In addition to storing of inflammable material the defendant has also started the business of sale of cement without the consent of the plaintiff. The plaintiff, therefore, requested the defendant to vacate the shop but instead of accepting the request of the plaintiff, he has stopped paying the monthly rent to the plaintiff w. e. f. 1.5.2000. On these premises the suit was filed by the plaintiff against the defendant.