Navin Chawla DECISION
Navin Chawla, J.
1. This petition has been filed challenging the order dated 30.05.2023 (hereinafter referred to as the 'Impugned Award') passed by the learned Additional District Judge-01, South District, Saket Courts, New Delhi (hereinafter referred to as the 'Trial Court') in CS DJ no. 8445/2016 titled Ravinder Kumar Ahuja v. Mst. Sahida & Ors., (hereinafter referred to as the 'Subject Suit'), dismissing the application filed by one M/s Shabnam, which was claimed to be a partnership firm of the petitioner herein and one Sh. Balraj Singh Sandhu @ B.S. Sandhu, seeking impleadment in the above-mentioned suit.
2. The subject suit has been filed by the respondent no.1 inter alia claiming that respondent no.1 is the owner in possession of a property known as No. 4, Ahuja Farms, Mulberry Avenue, DLF, Chattarpur Farms (earlier known as house No. 128, M.A., DLF Chattarpur Farms), New Delhi-110074 (hereinafter referred to as the 'Subject Land'). Respondent no.1 further claims that in the year 1980, respondent no.1 had engaged one Sh. Rafiq Ahmed as a chowkidar-cum-caretaker to look after and manage the day-to-day affairs of the respondent no.1 at the subject land. The respondent no.1 further claims that Sh.Raifq Ahmed died on 28.02.2016, leaving behind his widow and children, who are impleaded as defendants in the suit. The respondent no.1 further claims that as the defendants in the suit did not vacate the subject land in spite of notice issued by the respondent no.1, the suit was filed by the respondent no.1 praying for the following relief:-
"i) Decree of mandatory injunction be passed in favour of the plaintiff and against the defendants, directing them to remove their belongings lying in the premises and to vacate the same as shown Red in the site plan annexed with this plaint, the details of the promises mentioned in para 8 of the plaint.
ii) Decree of prohibitory injunction directing the defendants, their agents, servants and representatives not to damage in any manner, not to destroy, cut or in any manner remove the crops, vegetables, fruits, plants and trees and also not to alienate the whole or any part of the property of the plaintiff without his specific permission and also not to misuse the said premises by holding any functions, unlawful assembly or doing any other illegal acts on any part of the said premises.
iii) Decree for a sum of Rs. 3.33.334/-as detailed in para 24 above, on account of damages, mesne profits, compensation, usage charges for holding and using the said premises unauthorisedly and illegally without the permission of the plaintiff w.e.f. 20.05.2016 to 10.07.2016 with interest @ 18% p.a. from the date of institution of the suit till recovery of the said amount.
iv) Decree @ Rs. 2,00,000/-p.m. for damages, mesne profits, compensation and usage charges of the property of plaintiff by the defendants w.e.f. 11.07.2016, during the pendency of the suit and till actual vacation by the defendants.
v) Cost of the suit may also granted in favour of the plaintiff and against the defendants."
3. The subject suit was filed by the plaintiff in the year 2016 and is stated to be presently at the stage of recording of evidence of the defendants in the suit.
4. During the pendency of the above Suit, the above application came to be filed on 25.07.2022 by a partnership firm named M/s Shabnam seeking impleadment in the said suit.
5. In the said application, it was asserted that respondent no.1 is falsely claiming himself to be the owner in possession of the subject land. The applicant claimed its title to the subject land through one Sh.Surinder Singh Ahuja, who, they claim, was the erstwhile owner of the land and from whom they had purchased the said property vide registered Sale Deeds dated 04.02.1987 and 24.02.1987 in the name of its partners Sh.Jagjit Singh Sawhney and Sh.Balraj Singh Sandhu.........