MANI RAM Vs. RATAN LAL SAINI

JUDGEMENT

(1.) HEARD. The property in dispute admittedly belonged to Bajrang Lal, who has died leaving behind one daughter Smt. Bimla Devi. Rattan Lal Saini who claims himself to be successor of late Bajrang Lal on the basis of a will, filed eviction petition against the petitioner. The Rent Controller passed an eviction order on 14.1.91 in favour of Rattan Lal holding him to be owner and landlord of he premises. One of the grounds of challenge to the order of the Rent Controller is that the Rent Controller had no jurisdiction to decide the question of ownership on the basis of the will alleged to be in favour of Rattan Lal particularly when the matter of grant of succession in favour of Bimla Devi is pending before the District Judge. Rattan Lal has also filed objections therein. The question whether Bimla Devi the natural heir is the owner of the property or Rattan Lal who has alleged himself to be the owner is to be decided in those proceedings before the District Judge. In view of this position, I hereby admit this revision petition. C.H. 963/91.

(2.) THE counsel for the respondent states that he will not execute the order of eviction, but he requests that a direction may be given to the District Judge for early disposal of the matter with respect to the succession of this property filed by Bimla Devi. Operation of the order dated 14.1.91 is hereby stayed. THE District Judge shall dispose of the matter of succession with respect to this property expeditiously A copy of this order be sent to the District Judge for his information.