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NAZMA versus SUNIL KUMAR & ORS.

High Court of Punjab and Haryana, Chandigarh

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Nazma v. Sunil Kumar & Ors. - CR-4900-2006 [2006] RD-P&H 6542 (5 September 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Revision No.4900 of 2006

Date of Decision: 15.09.2006

Nazma ...Petitioner

Vs.

Sunil Kumar & Ors. ...Respondents

CORAM Hon'ble Mr.Justice Vinod K.Sharma
Present: Mr.Harsh Aggarwal, Advocate,

for the petitioner.

Vinod K.Sharma, J. (Oral)

Present revision petition has been filed against an order passed by the learned Rent Controller declining the application moved by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure to be impleaded as a party.

The claim of the petitioner was that in pursuance to the sale deed dated 9.7.1999 she has become co-owner of the property as she has purchased part of the first floor along with stair-case.

It is the settled law that co-owner has no right to be CR 4900 of 2006 (2)

impleaded as party in the ejectment petition as it is available to one of the co-owners in the ejectment petition. Learned Trial Court has rightly dismissed the application.

The second contention of the learned counsel for the petitioner is that in ejectment order she is liable to be ejected. This apprehension of the petitioner is misconceived as once the petitioner is not a party to ejectment application and her application for being party stands dismissed, the ejectment order cannot be bound on her right to take objection against the execution of the order against her can be taken.

No merit. Dismissed.

(Vinod K.Sharma)

15.09.2006 Judge

rp


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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