R.S.GREWAL Vs. CHANDER PARKASH SONI

JUDGEMENT

(1.) This appeal arises from a judgment of a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh dated 21 Jan. 2016 in a second appeal. The High Court reversed the judgment and the decree of the trial Court, which was confirmed in first appeal, by which a suit for possession of certain property in the occupation of the defendants as tenants had been decreed.

(2.) Dr Hira Singh was the owner of a residential house (shown in the site plan filed together with the suit) together with some shops constructed on property bearing Municipal No B-XX-69 (Old) 515 (New) at College Road, Civil Lines, Ludhiana. The family pedigree is depicted below:

(3.) A suit for possession was instituted by the appellants and by proforma respondent no 2 against the first respondent in the Court of the Civil Judge, Senior Division, Ludhiana. The first respondent is a tenant inducted by Shiv Dev Kaur Grewal. The foundation of the suit was that Shiv Dev Kaur Grewal was only entitled to a life interest in the property in terms of the will executed by her father and upon her death the appellants were entitled to possession of the shop from the defendant. The plea that was set up in paragraphs 14 and 15 of the plaint was in the following terms: