ISHWAR DASS RAJPUT Vs. CHAMAN PRAKASH PUN

JUDGEMENT

(1.) This order will dispose of C.M. No. 56 of 1991 in a revision petition, whereby stay of eviction order against the tenant is sought. On 2.5 1991.1 had given Mr. Makhija further time to bring authorities in support of his contention, that in a proceeding before the Rent Controller it is open to a tenant' to question the legality and validity of a Will relied upon by the owner to establish his ownership.

(2.) Today Mr. Makhija has not been able to bring any authority in support of his proposition.

(3.) In fact, by a judgment of this Court (N.N. Goswamy, J.), relying upon the observations of the Supreme Court in Kanta Goel v. B.P. Pathak, 1977(2) SCC 814, it was held that it is not permissible for a tenant to challenge the legality and validity of a Will.