M/S Instrument Equipment Company And ... vs Devinder Singh Sandhu And Others on 26 April, 2013

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Punjab-Haryana High Court

M/S Instrument Equipment Company And ... vs Devinder Singh Sandhu And Others on 26 April, 2013

Bench: Jaswant Singh

C.R. No.1999 of 2004                                          -1-




    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                C.R. No.1999 of 2004
                                Date of Decision: 26.04.2013

M/s Instrument Equipment Company and another

                                                 .....Petitioners

                                   Versus

Devinder Singh Sandhu and others

                                                 ......Respondents

CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:-      Mr. Amit Jaiswal, Advocate
               for the petitioner-tenant.

               None for respondent No.1.

               None for respondent No.2.

Jaswant Singh,J(Oral)

The tenant in the present revision under Article 227 of the Constitution of India has assailed the order dated 12.2.2004 passed by learned Additional District Judge, Ambala, whereby he has accepted the appeal of the landlord Devinder Singh Sandhu and set aside the order dated 28.8.2012 passed by the learned trial Court whereby interpleader suit of the tenant was held to be maintainable in view of both the successor-in-interest of the original-landlord-Varinder Singh i.e. his brother Devender Singh Sandhu and his mother Smt. Gurcharan Kaur claiming the right to be the actual landlord.

C.R. No.1999 of 2004 -2-

At the time of hearing, learned counsel for the petitioner- tenant submits that the present revision had arisen out of interlocutory order passed in the interpleader suit filed by the tenant whereby it was held to be maintainable by the learned trial court and the plaintiff- tenant directed to deposit the rent in Court while ordering the stay of both the rent petitions filed by either of the parties i.e. Devinder Singh Sandhu and Smt. Gurcharan Kaur. The learned Appellate Court set aside the order passed by the trial court regarding maintainability of the interpleader suit while permitting the continuation of the pending rent petitions. This Court Admitted the revision vide order dated 16.10.2006, however, did not stay the continuance of the aforesaid two rent petitions, while permitting the tenant to deposit the rent in Court concerned. He, thus, submits that the present revision has been rendered infructuous in view of the proceedings before the Rent Controller having been finalized. He, thus, prays that the present revision be dismissed as infructuous.

Dismissed as infructuous.




26.04.2013                                         (JASWANT SINGH)
Vijay Asija                                             JUDGE

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