IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.6328 of 2009 (O&M) Date of Decision : 10.11.2009. Ghansham .....Petitioner versus Yashpal and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Vikas Bahl, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This revision petition is directed against the order dated 9.10.2009 passed by the Rent Controller, Nawanshahr, whereby an application filed by the petitioner for his impleadment as one of the legal representatives of the deceased-tenant in an eviction petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as `the Act'), has been dismissed after observing that the petitioner's brother (Brij Mohan) is already contesting the eviction petition and that the petitioner has moved the application at the fag end when the case is ripe for arguments, merely to delay its disposal. From the material on record, it does appear that the demised premises was let out to Padam Nabh presumably in his capacity as C.R. No.6328 of 2009 (O&M) 2 proprietor of the partnership firm M/s Padam Nabh and sons. The respondent-NRI-landlord has filed the eviction petition under Section 13-B of the Act and during the pendency thereof, Padam Nabh passed away on 24.9.2004. One of the sons of the deceased-tenant, namely, Brij Mohan, was brought on record as legal representative of the deceased-tenant, though the Rent Controller vide its order dated 16.3.2005 also left it open for the other legal heirs of the deceased-tenant to move for their impleadment. The eviction petition was filed in the year 2004 and is being hotly contested by the petitioner's brother Brij Mohan. At the stage when the case is ripe for final arguments, the petitioner moved an application for his impleadment on the ground that he was also a partner in the firm alongwith his deceased father and with a view to deprive him of his hereditary rights in the tenancy that his brother Brij Mohan did not disclose the pendency of the eviction petition to him and, therefore, he is entitled to be impleaded as a party-respondent. I have heard learned counsel for the petitioner at some length and perused the impugned order. In my considered view, the inference drawn by the Rent Controller while rejecting the petitioner's application warrants no interference by this Court especially when it is not a case where the legal representatives of the deceased-tenant have gone unrepresented before the Rent Controller. Suffice it to say that the petitioner's brother is strenuously contesting the eviction petition and no prejudice, whatsoever, has been C.R. No.6328 of 2009 (O&M) 3 caused to the petitioner or other legal heirs, if any, of the deceased-tenant. The petitioner's claim in the tenancy rights would not be effected by the order that may be passed by the Rent Controller, Nawanshahr. Faced with this situation, learned counsel for the petitioner submits and rightly so that the petitioner may be permitted to engage a counsel and raise the arguments on his behalf at the time of final hearing of the eviction petition. In my considered view, it will cause no prejudice to the respondent-landlord or to the brother of the petitioner who is already contesting the eviction petition. The presence of an additional counsel so as to protect the interest of the other legal representatives of the deceased- tenant would rather facilitate the Rent Controller to arrive at a fair and just conclusion. Consequently, this revision petition is disposed of, without interfering with the impugned order, however, permitting the petitioner to engage a counsel to assist the Rent Controller, Nawanshahr at the time of final hearing of the eviction petition. The said liberty shall not entitle the petitioner to file any additional pleadings and/or to lead any evidence. Disposed of. Dasti. 10-11-2009 (SURYA KANT) Mohinder JUDGE