CHANDER PARKASH SONI Vs. R.S. GREWAL

JUDGEMENT

(1.) - This order of mine shall dispose of two Regular Second Appeals bearing No. 3241 of 2014 titled as Chander Parkash Soni Vs. R.S. Grewal & ors. and RSA No. 3720 of 2014 titled as Sushil Kumar Tiwari Vs. R.S. Grewal and ors. filed at the instance of defendants who are aggrieved of the findings rendered by both the Courts below, whereby suit for possession of the suit property in their occupation, as tenants, have been decreed.

(2.) Mr. Vikas Bahl, learned Senior Advocate assisted by Mr. Narinder Kumar Vadehra, learned counsel appearing on behalf of appellant submits that suit for possession ex facie was not maintainable, for, the defendants were put into possession of the shops as tenants by Smt. Shivdev Kaur d/o Hira Singh. In order to appreciate the aforementioned contention, it would be apt to give brief facts which has resulted into passing of the impugned judgment and decrees of both the Courts below.

(3.) The respondent-plaintiff instituted two civil suits against the appellants-defendants claiming possession of shops of single storey as shown in the site plan attached as per the description given in the plaints, on the premise that Dr. Hira Singh Grewal was owner of the residential house as shown in red, yellow and green colour in the plan along with some shops constructed on College Road, bearing Municipal No. B-XX-69(old) 515 (new), College Road, Civil Lines, Ludhiana. Behind the Kothi No. B-XX-69 towards its Southern side, there is agricultural land situated in Mahal Bagat Ludhiana. It has been further pleaded in the suit that Shiv Dev Kaur was allowed to live in the main kothi and to enjoy the rent in accordance with the terms of the Will dated 16.09.1944, in essence, the right of possession of the property aforementioned was deferred till her death. After the death of Hira Singh, the property owned by him was mutated in the name of Dr. Shiv Dev Singh Grewal father of the plaintiff who died on 14.08.1968 and thereafter in the name of mother of the plaintiff No. 1, plaintiff No. 1 and Dr. J.S. Grewal the brother of plaintiff No. 1 in equal share. The suit further spells out, that Income Tax Officer, District-II-7, Ludhiana attached the said house i.e. B-69, (Old) and adjacent land measuring 3 bigha-19 bigha, 16 biswansi as some tax/wealth tax was due from Dr. Shiv Dev Kaur d/o Hira Singh Grewal. The aforementioned attachment was done on the basis of the recovery certificate bearing No. TRO 105 to 112 forwarded by Income Tax Officer II(7) resulting into passing of an order dated 20.01.1986. The attachment order of the Income Tax Officer was challenged in a Civil Suit bearing No. 89 of 17.03.1986. The same was decreed and the matter reached up to this Court and RSA bearing No. 2635 of 1996 was filed which was disposed of vide order dated 22.05.1997, wherein, it was held that Income Tax/Wealth Tax due from Shiv Dev Kaur Grewal can be recovered by the Income Tax Dep ment from the rental income derived by or accruing to her from the main kothi and the shops during her lifetime only. Shiv Dev Kaur died on 15.02.1998 and as per the pleadings, her limited right to live in the house and utilisation of the rent, extinguished. It is in these circumstances, the plaintiff sought the possession of the house as well as that of the shops let out by her to the present defendants. It has been further pleaded that Shiv Dev Kaur as per the contents of the Will, ibid had no right to let out the property & in any case any tenancy created by her, i.e. was not bound to the plaintiffs. The appellant-defendant contested the suit by taking plea, that Dr. Hira Singh was not the owner of the property in dispute. Since, they are tenants, much less, suit was not maintainable as their status is of tenants and possession can only sought by resorting to the provision of East Punjab Urban Rent Restriction Act, 1949 and not in the manner and mode adopted i.e. "SUIT FOR POSSESSION". Though execution of the Will was also denied and it was stated that litigation is between Shiv Dev Kaur and her brother, Dr. Shiv Dev Singh Grewal.