Kewal Krishan of Nabha vs Shiv Lal Gupta

J.V. Gupta, Acting C.J.—This revision petition is directed against the order of the Rent Controller dated September 16, 1988, whereby the application filed by the tenant for amendment of the written statement as well as under Order 1, Rule 10 Code of Civil Procedure, for impleading the Improvement Trust as party to the ejectment petition was rejected.

Shiv Lal Gupta, landlord, filed an ejectment petition against his tenant Kewal Krishan The application was filed on March 10, 1987. Issues were framed and the parties have led their evidence. When the said application for amendment was filed, the learned Rent Controller found that Kewal Krishan was inducted as a tenant and that the relationship of landlord and tenant had not been controverted by him It was further found that where there is contractual relationship-of landlord and tenant between the parties, no question of impleading a third party like Nabha. Improvement Trust in the present case setting up title to the suit property can arise.

The learned counsel for the petitioner submitted that since the property no more vested in the landlord Shiv Lai Gupta, the Improvement Trust was a necessary party and, therefore, the amendment sought for should have been allowed on the other hand, the learned counsel for the respondent submitted that there is no issue regarding the relationship of landlord and tenant between the parties and, therefore the Rent Controller has rightly dismissed the application.

After bearing the learned counsel for the parties, I do not find any merit in this revision petition. The learned Rent Controller has not exercised the jurisdiction illegally or improperly as to be interfered with--in the revisional jurisdiction. Moreover, the quetion of title cannot be decided in these proceedings.

Consequently, this revision petition fails and is dismissed. Since further proceedings were stayed at the time of the motion hearing, the parties are directed to appear before the Rent Controller on June 13, 1990.