RAMINDER SINGH KAPANY Vs. MANMOHAN SINGH

JUDGEMENT

(1.) Captain Joginder Singh son of Dalip Singh was allotted a freehold residential plot bearing No. 295, Sector 33-A, Chandigarh. He had executed an agreement to sell in favour of the Respondent/landlord-Manmohan Singh, accompanied by delivery of possession. A Special Power of Attorney dated 18.7.1977 Ex.P42 and General Power of Attorney dated 18.7.1977 were also executed in favour of the Respondent/landlord. A registered Will Ex.P36 was also executed by Captain Joginder Singh in favour of the Respondent/landlord. It is a common knowledge that the defence plots, in Chandigarh, cannot be sold for a period of 15 years and by execution of these documents, the possession was delivered to the prospective buyer.

(2.) It is not in dispute that Captain Joginder Singh expired in the year 2001 and vide registered Will Ex.P36, the Respondent/landlord succeeded to the property. The succession cannot be kept in abeyance. Furthermore, it is not in dispute that the Respondent/landlord has been receiving the rent and executing the receipt in lieu thereof.

(3.) In the present case, the eviction petition was instituted in November 2008. The landlord closed his evidence on 22.1.2010. The evidence of tenant was closed on 25.8.2010. Thereafter, the case was fixed for rebuttal evidence and arguments. At that stage, an application dated 23.10.2010 (Annexure P8) was filed for seeking amendment of the written statement, stating therein that after the death of Captain Joginder Singh, who had executed the Special Power of Attorney and General Power of Attorney, these documents have come to an end and the landlord could not maintain the eviction petition as he is no longer the owner and attorney. The Rent Controller, Chandigarh, vide his order dated 8.11.2010 (Annexure P10), has rightly held that the proposed amendment is nothing but a ploy to delay the eviction proceedings. The application has been filed at a belated stage. Furthermore, this Court is of the view that since the succession cannot be kept in abeyance, the Respondent/landlord, on basis of the Will, has become owner of the property.