Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.I,R.10

Punjab Rented Premises Act, 2009-- ----S. --Civil Procedure Code, 1908, O. I, R. 10--Eviction petition--Application for impleadment as party--Allowed--Applications for leave to contest--Dismissed--Eviction petition allowed--Appeal--Dismissed--Writ Petition--Dismissed--Demarcation report--Report was not challenged--Non proceeding of documentary evidence regarding ownership--Non production of any rent deed--Determination regarding question of title--Matter was subjudice--Locus Standi-Challenge to-The petitioner has no locus standi for purposes of instant case--At best he may have a claim to ownership of property in question which is subject matter of a suit for declaration, etc. that is sub judice--Moreover, application under section 12(2) of C.P.C. filed by petitioner against dated 13.05.2015 passed in a suit--It is settled law that any dispute with regard to title or ownership of a property subject matter of eviction proceedings has to be determined by a Court of competent jurisdiction--A Rent Tribunal/Rent Controller lacks jurisdiction to determine questions of title--As regards argument that petitioner is landlord of property in question and tenant has been paying him rent, when asked to show any document or notice to effect that petitioner is landlord and seeks rent from tenant (Respondent No.5) learned counsel candidly stated that there is none on record--When repeatedly inquired as to what relief petitioner seeks in instant proceedings which emanate from an eviction petition, learned counsel failed to provide Court with a plausible and logical answer--Learned counsel for petitioner has not been able to show us any legal, procedural or jurisdictional error, defect or flaw in impugned warranting grant of leave to appeal--Civil Petition dismissed. THIS JUDGMENT DELIVERED BY: IJAZ-UL-AHSAN, J.- The brief facts of this case are that Respondents Nos.3 and 4 filed an eviction petition under the Punjab Rented Premises Act, 2009 ("Act") against Respondent No.5. The petitioner filed an application under Order I, Rule 10 of the Code of Civil Procedure, 1908 ("CPC") which was allowed and he was arrayed as a party in the said eviction petition. Thereafter, the…

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