High Court Punjab-Haryana High Court

Pawan Kumar vs Jai Singh And Others on 7 January, 2009

Punjab-Haryana High Court
Pawan Kumar vs Jai Singh And Others on 7 January, 2009
Civil Revision No.3474 of 2008                                   -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                            Civil Revision No.3474 of 2008
                                            Date of decision 07.01.2009

Pawan Kumar                                                .....Appellant


                         versus


Jai Singh and others                                       .....Respondents

Coram:-     Hon'ble Mr. Justice K. Kannan.

Present:    Mr. Ajay Jain, Advocate, for the petitioner.

            Mr. Jasvir Yadav, Advocate for the respondents.

K. Kannan, J.

1. The revision petition is directed against the order of dismissal

of application filed under Order 1 Rule 10 CPC for impleadment. The

petition was dismissed by the Rent Controller on the ground that if his right

stood independently of the respondent already on record, the petitioner

before the Rent Controller who is the landlord, who is the master of his own

proceedings will secure such right as it is possible. The Rent Controller has

also observed that if an ejectment order is issued and is put in execution and

if the third party applicant is in possession he could cause suitable

obstruction at the time of execution. The Rent Controller has also observed

that the applicant had already filed a civil suit wherein order of status quo

had been passed in his favour.

2. The grievance of the petitioner is that the documents which he

had filed before the Rent Controller namely of a compromise proceeding in

a civil suit where it was shown that the applicant’s father Sumer Singh was

in possession of the property as a tenant and that in yet another document it
Civil Revision No.3474 of 2008 -2-

was seen that M/s Tayal Tractors had given a letter of surrender to heirs of

Sumer Singh which included the applicant as well, with the tenancy rights

in the property. The contention of the counsel is that these documents

clearly establish that the property was only in the possession of the

applicant and the action for eviction against persons who were not in

possession of the property was a method of securing somehow forcible

eviction of the person in actual possession of property.

3. In an application for impleadment the relevant issue would be

whether the presence of anyone party would be vital for adjudication sought

in the petition. Third party who claims an independent right of tenancy and

who makes no common ground with the parties already in record cannot

come in and seek for any adjudication. It will not advance the cause of

justice for either party. Indeed it will obfuscate the issues that would fall for

consideration. The applicants would have independent remedies which

indeed the applicant has already availed by instituting the civil suit.

4. The decision of the Rent Controller is proper and there is no

justification for intervention. The revision petition is accordingly

dismissed.

( K. KANNAN )
JUDGE
07.01.2009
A. KAUNDAL