ASHA Vs. RAJ KUMAR MEHRA AND ORS

JUDGEMENT

(1.) The instant petition under Section 24(5) of the Urban Rent Control Act is directed against the impugned order dated 2.7.2016 passed by the learned Rent Controller (3), Shimla, whereby she dismissed the application No. 76-6 of 2016-15 under Order 1 Rule 10 read with Section 151 CPC filed by the petitioner seeking her impleadment as party respondent in case No.26/2 of 2013/2012, titled as Raj Kumar Mehta and another vs. Surinder Mohan, on the ground that she was a tenant in the premises of which eviction proceedings have been initiated by the landlord.

(2.) The bare minimal facts, as necessary for the adjudication of this case, are that the landlords/respondents filed an eviction petition against proforma respondent Surinder Mohan mainly on the grounds that the demised premises are required for extension of their business and the tenants are in arrears of rent. It was alleged that late Trilok Chand, proprietor, M/s Bhagat Sons was the original tenant in the demised premises and after his death, tenancy was inherited by his son Surinder Mohan.

(3.) In the application filed by the petitioner herein seeking her impleadment as party respondent, it was averred that late Trilok Chand and late Devi Chand before the respective dates of their death were doing business in the demised premises and the petitioner is one of the legal representatives of late Trilok Chand as she had inherited the tenancy rights in the tenanted premises after the death of Trilok Chand. Besides the present petitioner and Surinder Mohan, there are other legal representatives of Trilok Chand and Devi Chand, who have not been arrayed as party respondents, even though they are necessary and proper party , therefore, no effective order can be passed in the main petition. It was averred that the landlords being fully aware of the inheritance of tenancy rights of the legal representatives of late Trilok Chand and late Devi Chand had intentionally failed to implead them as party respondents to the eviction petition constraining the petitioner to file the application under Order 1 Rule 10 read with Section 151 CPC.