Raghubir vs Kesho Ram and others

V.S. Aggarwal, J.—The present revision petition is directed against the order passed by the learned Rent Controller, Charkhi Dadri dated 8.9.1998. By virtue of the impugned order, the learned Rent Controller had allowed the application filed by Kesho Ram (Respondent No. 1) and arrayed him as a Respondent in the eviction petition.

The Petitioner Reghubir Prashad Gupta had filed an eviction petition against Madan Lal (Respondent No. 2) describing him as the landlord and Madan Lal as his tenant. Kesho Ram (Respondent No. 1) submitted an application asserting that he is the landlord and had let the property to Madan Lal. The said application was allowed.

During the course of arguments, it has been pointed that earlier also Raghubir Par-shad Gupta had filed an application against the predecessor in interest of Madan Lal which was dismissed holding that there was no relationship of landlord and tenant inter se between the predecessor in the interest of the Petitioner and Madan Lal.

It is for the Rent Controller to take note of any such judgment in the eviction proceedings inter se between the Petitioner and Madan Lal. No opinion in this regard is to be expressed. But it will not be appropriate to convert the eviction petition into a dispute of title between two claimants who assert that they are the landlords. As mentioned above presence of Kesho Ram is not necessary to adjudicate the dispute between the Petitioner and Respondent No. 2. Consequently, the revision petition is allowed, instead, without expressing any opinion on the merits or on the rights of Kesho Ram. the application filed under Order 1 Rule 10 CPC is dismissed.