Vena Ram Vs. Daulat Ram and Anr - Court Judgment

S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 1/8 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::: ORDER

::: S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Date of Order ::::: Wednesday, 15th July, 2015. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. Ram Ratan Nagori, Senior Advocate with Mr. Alkesh Agarwal, for the appellant/petitioner. Mr. Mukesh Vyas on behalf of Mr. Karuna Nidhi Vyas, for the respondents. <<>> BY THE COURT (ORAL):

1. These two cases namely, S.B. Civil Misc. Appeal No.2879/2011 “Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors.”

. and S.B. Civil Writ Petition No.2342/2007 “Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors.”

. involving the same dispute are being decided by this common order. S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 2/8 2. The CMA is directed against the impugned order dated 02.12.2005 by which order, the learned District Judge, Pali had partly allowed the appeal filed by the respondents namely, Appeal No.48/2005 “Goma Ram S/o Pukha Ram Vs. Daulat Ram S/o Rewachand Sindhi”. setting aside the decree dated 20.04.2005 passed in an eviction suit namely, Civil Original Suit No.217/1995 “Daulat Ram Vs. Goma Ram”. and the matter ordered to be restored back to the learned Trial Court, to be tried, along with another suit namely, Suit No.31/2003 “Vena Ram Vs. Deepak Kumar & Ors.”

. which was filed by the defendant tenant Vena Ram seeking injunction against the landlord not to initiate coercive proceedings against him without impleading the sub-tenant. The relevant portion of the order passed by the learned District Judge, Pali on 02.12.2005 is quoted herein below for ready reference:- “(20) पर ण मत: अप ल अप ल र आश क रप स स क क जत ह । व च ण न ल क न"ण# ड%क द(" क-20.4.2005 ज) (* " म+ल ( स. 217/95, (,लत म ब" म ग)म म म/ प र त क ग , अप सत कक जत ह । ह S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 3/8 पक ण व द" व च ण न ल शसव ल न ध (क.ख.), प ल* क) प5": पनतपव6त क न"(7 श त कक ज त ह कक उ"क न ल म/ लबबत ( " म ब" म (*पकक5म अन जजसम/ असर ई न"6ध ज व व ध ( स. 31/2003 म/ द(" क 4.3.2005 क) ज * ह5ई ह, क स र स र इस ( क) ध 151 शसव ल पकक सदहत म/ समककत (अम लगमट) क इस पक ण म/ प5": " शस स इस न"ण# म/ द( ग समपकण क) ध " म/ खत ह5 व दक व चचत क / तर पकक " D क) म,खखक पलख सक शसव ल पकक सदहत क अ"5स " शस स पसत5त क " क अ स (त ह5 प5": न"ण# ( / । इस सबध म/ प+ # म/ व न"जGत कक ग स व दकH क व न"G अप सत कक जत ह । ड%क पच # त("5स ज * ह) । पकक " D अध "सर न ल म/ द(" क 12.12.05 क) प ह) । sd/- (एस. क. प *क) जजल न ध प ल* ( ज.)”.

3. In the connected writ petition filed by Vena Ram namely, S.B. Civil Misc. Writ Petition No.2342/2007 since Vena Ram, who was not impleaded, is the main tenant in the Eviction Suit S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 4/8 No.217/1995 and the decree was passed against the sub- tenant Goma Ram only, the said writ petition challenged the impugned order dated 02.12.2005 of the learned District Judge, Pali in which, a co-ordinate Bench of this Court stayed the effect and operation of the impugned order dated 02.12.2005 passed in Civil Appeal (Decree) No.48/2005. The order dated 03.09.2007 passed by the co-ordinate Bench of this Court is quoted herein below for ready reference:- “IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR CIVIL WRIT No.2342 of 2007 VENA RAM V/S DEEPAK & ORS. Mr. RR Nagori, for the appellant/petitioner. HON'BLE SHRI N.P. GUPTA, J.

ORDER

Issue notice. Issue notice of the stay application. S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 5/8 Meanwhile, effect and operation of the order Annexure 8 being the order dt. 2.12.2005 passed in Civil Appeal No.48/2005 shall remain stayed. Sd/- (N P GUPTA), J.”. 4. Subsequently, the main-tenant Vena Ram filed the aforesaid CMA No.2879/2011 along with leave to file the said appeal, as his application for impleading filed under Order 1 Rule 10 of the Code of Civil Procedure was allowed.

5. Assailing the said order dated 02.12.2005 of the learned District Judge, the learned counsel Mr. Ram Ratan Nagori, Senior Advocate with Mr. Alkesh Agarwal appearing for the appellant/petitioner-Vena Ram urged that the consolidation of the two suits which are pending at different stages and between the different parties could not have been directed to consolidated. The learned counsel further submitted that the issue of relatioship of the landlord and tenant and sub-tenant cannot now be determined by consolidation of the trial of the two different suits, since the Suit No.49/2003 is filed by the tenant-Vena Ram seeking injunction against the landlord and S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 6/8 sub-tenant whereas, the Suit No.217/1995 “Daulat Ram Vs. Goma Ram”. was instituted against the sub-tenant Goma Ram for eviction and recovery of arrears of rent and, therefore, the trial of the two altogether different suits cannot be consolidated. The learned counsel also submitted that in the circumstances of the case, the impugned order dated 02.12.2005 deserves to be quashed and set aside.

6. On the other hand, the learned counsel Mr. Mukesh Vyas for Mr. Karuna Nidhi Vyas appearing on behalf of the respondents supported the impugned order dated 02.12.2005 passed by the learned District Judge, Pali and submitted that no interference is called for in the same and, therefore, the appeal as well as the writ petition filed by the tenant Vena Ram deserves to be dismissed.

7. Having heard the learned counsels for the parties and upon perusal of the material available on record, including the reasons assigned by the learned Court below in the impugned order dated 02.12.2005, this Court is of the considered opinion that the present Civil Misc. Appeal and the Writ Petition both deserve to be dismissed because the same are S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 7/8 nothing but a futile exercise on the part of the appellant- petitioner Vena Ram to anyhow stall the trial and the proceedings of the two suits essentially relating to the same suit property. In the opinion of this Court, consolidation of the two suits relating to the same property, cannot be said to be erroneous because the subject matter of both the suits remains the same and may be with different parties arrayed in both the suits. The injunction suit filed by the appellant- petitioner Vena Ram against the landlord and sub-tenant not to dispossess him without following the due process of law and the suit filed by the landlord Daulat Ram against the sub- tenant Goma Ram seeking eviction and recovery of arrears of rent relating to the very same property can very well be decided by the learned Trial Court with consolidation of the two suits, as directed by the First Appellate Court. This Court is further of the opinion that the issue relating to relationship of landlord and tenant and at the same time, grounds of eviction are bound to be decided by the learned Trial Court together with the consolidation of the two suits. It is always better to avoid conflicting decrees in relation to the same property and S.B. CIVIL MISC. APPEAL No.2879/2011. Vena Ram S/o Tara Ram Vs. LRs of Daulat Ram S/o Rewachand Sindhi & Ors. .. S.B. CIVIL MISC. WRIT PETITION No.2342/2007. Vena Ram S/o Tara Ram Vs. Deepak S/o Ramchander Sindhi & Ors. .. Order Wednesday, dated 15.07.2015. 8/8 decision of both the suits in common trial binding on all the parties is good and, therefore, consolidation of the two suits cannot be said to be unjustified. In view of this, both the Civil Misc. Appeal as well as the Writ Petition are liable to be dismissed.

8. At this juncture, it is informed by the learned counsel for the appellant/petitioner that the property in question has further been sold to one Ashok Kumar S/o Ashu Mal Sindhi by a registered sale deed dated 01.02.2008 (a copy of the same has been placed on record) and the said Ashok Kumar is also arrayed as a party-respondent in the present CMA. Therefore, the learned Trial Court is directed to proceed with the trial of the suits while keeping this fact also in mind.

9. Accordingly and in view of the above, the present CMA No.2879/2011 and Writ Petition No.2342/2007 filed on behalf of the appellant/petitioner Vena Ram are dismissed. No costs. A copy of this order be sent to the Court concerned and the parties concerned forthwith. (Dr. VINEET KOTHARI), J.

//Mohan// / 52-53 /