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This Order Shall Decide The Application ... vs . on 6 August, 2014 cites

Jugal Kishore And Others vs Bhagwan Dass And Others on 28 February, 1989

7. The defendant no. 1 placed reliance on the judgment of Jugal Kishore Vs. Bhagwan Das AIR 1990 Punjab & Haryana 82 wherein it was held that Suit No. 60/13 Dr. Lokesh Bhatnagar & Ors. Vs. Sh. Vinod Kumar Sharma & Ors. 2/6 according to the provisions of Order 35 R 5 CPC, the tenant cannot sue his landlords for the purpose of compelling them to interplead with any persons other than persons making claim through the landlord. The facts of the said case were that the tenant had filed the interpleader suit submitting that the defendant no. 1 had transferred his right in respect of the demised premises through a civil court decree in favour of defendants no. 2 and 3. The defendants no. 2 and 3 therein filed a petition U/s 4 of the Haryana Urban (Control of Rent and Eviction) Act against the plaintiff wherein the rent was fixed however the plaintiff thereafter received a notice from defendants no. 4 to 19 claiming themselves to be owners alleging defendant no. 1 therein to be their agent and having no right of ownership over the suit property. It was held that as admittedly the defendants no. 4 to 19 were not claiming through the landlords defendants no. 1 to 3 denying the rights of defendants no. 1 to 3, the tenant could not maintain a suit against the landlords defendants no. 1 to 3 compelling them to interplead with defendants no. 4 to 19.
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