MANDIR MOORTI BHAGWAN Vs. RAMESH CHANDRA CHABRA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-applicant (hereinafter referred to as 'the applicant'), against the order dated 26.2.2018 passed by the Rent Tribunal, Sawai Madhopur whereby the application filed by the applicant under Section 21 (3)(H) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the Act of 2001') readwith Order 1 Rule 10 CPC for impleading him as a party respondent in the Original Application filed by the non-petitioner- original applicant-landlord (hereinafter referred to as 'original applicant') has been dismissed.

(2.) Facts of the case are that original applicant filed an original application against the respondent-non applicants-tenant (hereinafter referred to as 'the non applicant') under Sections 7, 9 and 18 of the Act of 2001. The non applicant filed the reply to the said original application. One Dr. Rahul filed an application under Section 21 (3)(H) of the Act of 2001 for impleading him as a party to the suit on the ground that the property in question is situated in Khasra No. 742 (present Khasra No. 2896), which is located in front of General Hospital, Karauli and the Khatedari has been registered in the name of Mandir Bhagwan Shri Suraj Narayan according to the judgment passed by the Board of Revenue. The shop in question was taken on rent by Dr. Rahul from the Poojari of Mandir Bhagwan Shri Suraj Narayan Ji and he was stated to be in possession of the tenanted shop. The Rent Tribunal vide its order dated 1.6.2017 allowed the application and impleaded Dr. Rahul as party respondent no.2 in the original application. Subsequently Mandir Murti Bhagwan Shri Suraj Narayan through its next friend Roop Narayan filed an application under Section 21(3)(H) of the Act of 2001 readwith Order 1 Rule 10 CPC for its impleadment in the original application. The original applicant filed a reply thereto. After hearing the arguments, the Rent Tribunal vide its order dated 26.2.2018 dismissed the said application.

(3.) Hence, this writ petition.