- (1.) IMPLEADMENT vide order dated 19.3.2012 (Annexure P -1) pursuant to an application under Order I Rule 10 read with Section 151 CPC filed by the Deputy Municipal Commissioner, Municipal Corporation, Ambala of Estate Officer, Ambala, appointed by the State of Haryana to manage the trust property, as one of the respondents in the ejectment petition preferred by Shri Behari Lal Charitable Trust against the respondents -tenants, is under challenge in this revision petition.
(2.) SHRI Behari Lal Charitable Trust, Railway Road, Ambala Cantt. had filed an ejectment petition against Shiv Batra and another for their ejectment under Section 13 of Haryana Urban (Control of Rent and Eviction), Act 1973 (hereinafter referred to as 'the Act') from the premises in litigation.
(3.) IMPUGNING the order dated 19.3.2012, it is claimed by the petitioner - trust that neither relationship of landlord and tenant between the parties has suffered any severance nor the petitioner - trust has been dispossessed of the property. It is averred that ejectment petition under Section 13 of the Act cannot be converted into one for determination of title of the property. Prayer for setting aside the impugned order has been made. In a matter of ejectment preferred by the land -lord against the tenants, intervention of a stranger as a 3rd party is an anathema. A suitor who initiates litigation is dominus litus. In a petition for ejectment under the Act, question of title is an alien subject. Invocation of forum of Rent Controller by the petitioner - landlord for seeking an ejectment of the tenants cannot be taken as a litigational ground by a 3rd party (which is not even a privy to the relationship of landlord and tenant between the parties) for adjudication of claim of its title. Question of title to the premises in a petition for eviction of a tenant constitutes distinct, different and set up part lis unconnected with the one, involved in the petition for ejectment.;