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2022 DAILYLAW 2353 (PNJ)

KAMLA THAKUR AND ORS. v. SANJAY BAGLA AND ANR.

CR/3657/2022 · 2026-04-27

Harkesh Manuja

body2022

Judgment text

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147 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KAMLA THAKUR AND ORS. SANJAY BAGLA AND ANR. CORAM: HON'BLE MR. JUSTICE Present: Mr. Prateek Sodhi, Mr. Rajinder Sharma, Advocate with Mr. Mridul Sharma, HARKESH MANUJA By way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid 27.07.2022 passed by the learned Rent Controller, Amritsar whereby, an application filed under Order 1 Rule 10 CPC by the petitioner prayer for seeking impleadment as respondent preferred at the instance of r 2. In a respondent No.1, with respect to the demised prop respondent No.2, an filed at the instance of petitioner respondents. The respondent No.1 before the learned Rent Controller. dated27.07.2022, th impleadment as respondent declined. 3. I have heard learned counsel for the parties and gone through the paper 4. In the given namely Smt. Kamla Thakur happened to be widow of Prithvi and thus was class- heir of Bhola Ram son of Sant Ram who was admittedly a tenant in the demised shop needs to be impleaded as respondent having IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: KAMLA THAKUR AND ORS. Versus SANJAY BAGLA AND ANR. HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Prateek Sodhi, Advocate for the Mr. Rajinder Sharma, Advocate with Mr. Mridul Sharma, Advocate for **** HARKESH MANUJA, J. (ORAL) By way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid 27.07.2022 passed by the learned Rent Controller, Amritsar whereby, an application filed under Order 1 Rule 10 CPC by the petitioner prayer for seeking impleadment as respondent preferred at the instance of respondent No.1 a pending eviction petition preferred at the instance of respondent No.1, with respect to the demised prop respondent No.2, an application under Order 1 Rule 10 CPC came to be filed at the instance of petitioners for seeking their impleadment as respondents. The prayer made in the application respondent No.1 before the learned Rent Controller. .2022, the prayer made by the petitioner impleadment as respondents in the pending I have heard learned counsel for the parties and gone through the paper-book. In the given facts and circumstances Kamla Thakur happened to be widow of Prithvi and thus heir of Bhola Ram son of Sant Ram who was admittedly a tenant in the demised shop needs to be impleaded as respondent having IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3657-2022 Date of Decision: April 27, 2026 ......Petitioners ......Respondents HARKESH MANUJA Advocate for the petitioners. Mr. Rajinder Sharma, Advocate with Advocate for respondent No.1. By way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid to order dated 27.07.2022 passed by the learned Rent Controller, Amritsar whereby, an application filed under Order 1 Rule 10 CPC by the petitioners with prayer for seeking impleadment as respondents in the eviction petition espondent No.1-landlord was declined. preferred at the instance of respondent No.1, with respect to the demised property as against application under Order 1 Rule 10 CPC came to be for seeking their impleadment as application was opposed by respondent No.1 before the learned Rent Controller. Vide order e prayer made by the petitioners for their in the pending eviction petition was I have heard learned counsel for the parties and gone facts and circumstances wherein, applicant No.1 Kamla Thakur happened to be widow of Prithvi and thus heir of Bhola Ram son of Sant Ram who was admittedly a tenant in the demised shop needs to be impleaded as respondent having 2022 April 27, 2026 By way of present revision petition filed under Article 227 of to order dated 27.07.2022 passed by the learned Rent Controller, Amritsar whereby, an with in the eviction petition preferred at the instance of erty as against application under Order 1 Rule 10 CPC came to be for seeking their impleadment as was opposed by Vide order for their eviction petition was I have heard learned counsel for the parties and gone wherein, applicant No.1 Kamla Thakur happened to be widow of Prithvi and thus heir of Bhola Ram son of Sant Ram who was admittedly a tenant in the demised shop needs to be impleaded as respondent having TEJWINDER SINGH 2026.05.01 10:34 I agree to specified portions of this document CR-3657-2022 -2- succeeded the rights of the tenant particularly, when the application for impleadment was filed at her instance at the very initial stage in the eviction proceedings. 5. However, in the humble opinion of this Court, the other two applicants namely Nipun Thakur and Palak Thakur who are stated to be son and daughter of co-tenant namely, Arun Kumar s/o Prithvi respectively have no right as Arun Kumar is admittedly alive and is contesting the petition. 6. In view thereof, the present petition is disposed of and order dated 27.07.2022 passed by the learned Rent Controller is modified to the extent that applicant No.1 namely Smt. Kamla Thakur widow of Prithvi is ordered to be impleaded as respondent No. 2 in the eviction petition. However, considering the fact that the eviction petition was filed in September, 2020 and more than 5 years have elapsed, learned Rent Controller, Amritsar is requested to expedite the proceedings of eviction petition and conclude the same at the earliest, preferably within 1 year from today. 7. Pending application(s), if any, shall also stand disposed of. 27.04.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.05.01 10:34 I agree to specified portions of this document