99PLR181
JUDGMENT
Gokal Chand Mital, J.
1. Eight tenants filed separate interpleader suits in which Shri Sanatam Dharara Satsang and Janj Ghar through Shri Satinder ... pleaded by way of preliminary objections that the interpleader suit was not maintainable in view of Order 33 Rule 5 of the Civil Procedure Code
application or suit filed by the said defendant regarding his claim on the suit property.
4. During the pendency of the above suit ... compelling them to interplead with the aforesaid parties. In that case, one Bhagwan Dass was the tenant, who filed the interpleader suit against Jugal Kishore
parties the following preliminary issue was fixed; "Whether an interpleader suit is competent in the present case?"
6. Finding that the interpleader suit ... suit except when such suit, comas within that section.
18. Section 48 of the Act gives power to the Court of Wards to institute interpleader
filed ejectment petitions against
the tenants. The petitioners had filed an interpleader suit under
Order 35 Rule 5 CPC to determine the rights in tenancy ... premises.
Till the decision of the interpleader suit, the proceedings in the
ejectment petition filed by respondents No.1 and 2 were liable
application on the ground that the petitioner Board has filed an interpleader suit in the court which is likely to succeed. It further averred that ... stay the eviction proceedings despite the proof on record that an interpleader suit is pending between the parties and this way had clearly violated
preferred by the tenant in interpleader suit.
2. One A.S. Jaspal, retired Inspector General of Police, was owner of the property in dispute ... finding of trial Court on the preliminary issue, meaning thereby that interpleader suit filed by the tenant was held to be not maintainable
along with Jagdish Rai and, another. Sada Nand also filed a interpleader suit on l6.6.1985, impleading ths Church as well as Jagdish ... tenant for staying of the suit on the ground that the suit be stayed till the decision of the suit filedby the Church
inducted by committee in the year 1977.
c) In an interpleader suit filed by all tenants, a finding by
civil court that the tenants inducted ... Niranjan Nand was alleged to be
chela of Sarwan Puri- filed interpleader suit- failed (Ex
DR); second: Shiv Puri was projected- failed- he made
under whom the petitioner was
a tenant and thereafter the present interpleader suit was filed which was held
to be not maintainable by the trial ... that where any suit is pending in which the
rights of all Parties can properly be decided, no such suit of
interpleader shall be instituted
paid to Smt. Bhagwanti. The petitioner has also
filed an Interpleader suit against the respondent as well as other
legal heirs of S. Harpal Singh ... erred
in not appreciating the fact that the petitioner has filed
interpleader suit, making a prayer therein that all the LRs were
claiming rent from
