PRAMODA PATEL Vs. REGAL APARTMENTS PVT LTD

JUDGEMENT

(1.) Before coming to the petition let me state the brief history of this litigation:-

(2.) In this petition the petitioner has raised these two issues; (a) the respondent company is not an owner of the property in dispute; (b) the suit property still exist in the name of Sharma's in L&DO record which the petitioner was not aware earlier and hence a fraud is committed by the respondents upon this Court.

(3.) Admittedly the petitioner's husband was making payment of licence fee to the respondent company and hence cannot say the title of petitioner or her husband was better than of the respondent company. Also on record there is a copy of sale deed dated 16.08.1985 executed by Mr.M.C.Sharma s/o R.S.Sharma in favour of the respondent company qua the subject property. Though it is urged by the learned counsel for the petitioner that the subject property is still owned by Mr.Thakur Dass and Mr.Meher Chand Sharma who are shown as co-lessees in the record of L&DO even today and that Mr.M.C.Sharma alone could not have transferred the suit property in favour of the respondent company, as is shown in Sale Deed dated 16.08.1985 hence Sale Deed is a forged document, but whether one of the co-lessee could have transferred the property or not is none of the concern of the petitioner herein since her husband was merely a licencee of the respondent company and the respondent being a land lord/ licensor was well within its right to recover the possession from the licencee or his heirs on non-payment of licencee fee and hence no fault can be found in the judgment or in the impugned order which rightly dismissed the objections against the judgment dated 18.04.2018.