Neutral Citation No. - 2025:AHC:18800 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1321 of 2025 Petitioner :- Devender Singh Respondent :- Smt. Vimlesh Devi And 6 Others Counsel for Petitioner :- Naman Agarwal,Vinayak Mithal Counsel for Respondent :- Satyendra Pandey Hon'ble Ajit Kumar,J. 1. Heard Sri Naman Agarwal, learned counsel for the petitioner and Sri Satyendra Pandey, learned counsel for the respondent no.1. 2. By means of this petition filed under Article 227 of Constitution of India, the petitioner has assailed the order dated 08.10.2024 passed in the pending Misc. Civil No.237 of 2024 and order dated 27.08.2024 in Case No.1841 of 2023 between the landlord and the respondents, whereby his application seeking impleadment in appeal as a co- landlord has come to be rejected. 3. The submission advanced by learned counsel for the petitioner is that the petitioner infact is the real landlord and in the event the delivery of possession of property is handed over to the landlord contesting the appeal, it will cause serious prejudice to the rights and interest of the petitioner. 4. Per contra, it is submitted by Sri Satyendra Pandey, learned counsel for the respondent no.1 that the title is never germane in a rent suit instituted by the landlord for eviction of the tenant and if the third party is setting up any claim of title, it can file a separate suit for possession of the property before the court of competent jurisdiction and the summary proceedings which may result in the handing over of possession of the landlord will not amount to declaration of title in respect of the landlord and the judgment and decree passed by the Original Civil Court will be binding between the parties to such suit, if filed. It is submitted that the present petitioner has already instituted a suit being O.S. No.9 of 2025 (Devendra Singh v. Vimlesh Devi) pending before the Additional Civil Judge, District Meerut. 5. Having heard learned counsel for the parties and having perused the record, since the title is not germane in the rent case instituted by the landlord for eviction of the tenant, a third party claiming title does not become a necessary party, more especially when the third party has instituted a civil suit before the court of competent jurisdiction for declaratory title and for injunction. In the given facts and circumstances of the case, I do not find any manifest error in the order passed by the rent authority as well as the appellate authority in rejecting the claim of the petitioner to be a party to the rent case. However, I would observe here that the orders passed by the rent authority and the appellate authority and even by this Court in this petition will have no bearing upon the merits of the civil suit instituted at the instance of the present petitioner. 6. Subject to what has been observed above, this petition is consigned to records. Order Date :- 10.2.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad