Brief : In this judgement, CPC does not apply to HRC orders
Citation : Petitioner: Shanti Motor Finance Company
Respondent: Kusum Sharma
Citation: 8495 of 2018 Allahabad HC
Bench:
Surya Prakash Kesarwani
Issue:
Whether a rent case filed without separately impleading partner of the tenant firm is liable to be dismissed for non joinder of necessary party?
Facts:
The disputed shop is owned by the respondent landlady, which was originally of her late husband, who had admitted the petitioner as a tenant in 1986.
The landlady filed a case under Section 21(1)(a) of Transfer of Property Act for her need of the shop, and her appeal was allowed.
The tenant motor company aggrieved by this, filed a P.A. appeal, but it was dismissed.
Appellant’s contentions:
The release application was filed by the plaintiff-landlady without impleading partners of the firm. Therefore, the release application was liable to be dismissed on the ground of non-joinder of necessary parties.
Provisions of the order are not applicable under Section 38 of the U.P. Urban Buildings Act, 1972 (Rent Act) and & as per the judgements in M/s. Chhotelal Pyarelal Vs. Shikharchand and PrabhakarMehrotra and another Vs. District Judge
Dismissal of appeal by the appellate court was without application of mind
Respondent’s contentions:
Under Section 4 of the Indian Partnership Act, 1932,partnership means relation between persons who have agreed to share the profit of the business carried on by any one or all of them.
Rule 10(6)(a) of the Rent Rules recognises allotment of an accommodation to a firm, hence sec 38 of the same can be set aside.
Final judgement:
In this judgement, CPC does not apply to HRC orders
Evictionapplication cannot be maintainedin the name of the firm against them.
It is a case of wrong descriptionby the respondent which can be corrected, thus amendment is permitted in the array of parties.
Landlady has setup her own need of the shop, but the appellate court dismissed the appeal stating that she has need of the shop for her son.
Thereby, the writ petition is allowed.
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