Prem Avtar Agarwal (Now Deceased) vs Arshadi Begum And Another

Sudhanshu Dhulia, J

This matter arises out of rent control proceedings under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (from hereinafter referred to as Act No. 13 of 1972). The landlord/petitioner moved a release application before the Prescribed Authority under Section 21 of Act No. 13 of 1972 for release of the accommodation in his favour. The said application was allowed by the Prescribed Authority vide order dated 11.04.2005. Against the said order dated 11.04.2005, respondent no. 1 filed an appeal before the District Judge, Haridwar, whereby the appeal of the tenant was dismissed on 07.11.2006. Aggrieved by the order dated 07.11.2006, respondent no. 1 filed a writ petition before this Court being Writ Petition (M/S) No. 13 of 2007. During the pendency of the said writ petition before this Court, another person i.e. respondent no. 2 herein, moved an application for his intervention/impleadment, on ground that during the pendency of the proceedings, he has purchased the property from the landlord and he is now a necessary party in the case.

The said application of the respondent no. 2 was dismissed by the learned Single Judge of this Court on 04.01.2011 by passing the following order:-

"Mr. J.S. Bisht, the learned counsel holding brief of Mr. Sharad Sharma, the learned senior counsel for the petitioner.

Mr. S.K. Jain, the learned counsel for the respondent no. 3.

Mrs. Indu Sharma, the learned counsel for the respondent no. 4.

Having heard the learned counsel for the parties, the court finds that the landlord opposite party has serious objection to the intervention application being filed. According to the learned counsel for the landlord, no sale deed was executed in favour of intervener nor was the property sold and that a suit for cancellation of the sale deed is also pending.

In view of the aforesaid, the intervention application No. 808/2007 is rejected.

Heard the learned counsel for the parties on the Stay Vacation Application No. 6915/2010.

Interim order is confirmed. Stay vacation application is disposed of accordingly."

It is also admitted by both the parties that the said writ petition was subsequently dismissed.

Now after all these proceedings, when the matter went before the Execution Court for executing the order of eviction, a similar application for his impleadment was moved by the respondent no. 2 before the Execution Court, as moved by him earlier before this Court. The said application of the respondent no. 2 was allowed by the Execution Court vide order dated 21.10.2013. Aggrieved, the petitioner has filed the present writ petition before this Court.

The impugned order which has been passed by the Execution Court is clearly in violation of law for various reasons, but two reasons would be necessary to make a mention. Firstly, a similar application of the respondent no. 2 was already dismissed by this Court in a writ jurisdiction. Definitely, the writ jurisdiction is merely a supervisory jurisdiction but reasons were assigned by the Court while dismissing the said application of the respondent no. 2 and the reasons should have been appreciated by the Execution Court. Moreover, in any case, the private respondent no. 2 may get rights but only as an owner of the property. In a rent control matter, the dispute is between the tenant and the landlord. It is not strictly speaking a dispute between the tenant and the owner. A landlord may not be the actual owner of the property. Here the matter is only regarding the release of the property, which in no manner dilutes or takes away any rights of private respondent no. 2 when he claims ownership of the property. He is not a necessary party in these proceedings, as already been held by this Court.

In view thereof, the writ petition is allowed. The impugned order dated 21.10.2013 passed by the Prescribed Authority in Execution Case No. 36 of 2006 is hereby set aside. Let the execution court execute the order without any further delay in the matter.