KAMLA DEVI VIJ Vs. KARANVIR DHIR

JUDGEMENT

(1.) DOES renting out a premises amount to alienation or not ? Davinder Kumar and Ram Kumar sons of Sakhi Chand Dhir had filed a suit against Karanvir and others. Smt. Kamla Devi Vij-petitioner is one of the sisters of Davinder Kumar and Karanvir Singh. She is arrayed as one of the respondents in the RSA arising out of the suit filed by Davinder Kumar and Ram Kumar sons of Sakhi Chand Dhir.

(2.) A civil miscellaneous application bearing No. 3879-C of 1996 was filed in the RSA. Notice was issued to Karanvir and others appellants-respondents through their counsel for October 1996, directing them not to alienate the property in dispute. Copy of the order is dated September 17, 1986 Annexure P-1. This order was made absolute on October 04, 1996, copy of which is Annexure P-2.

(3.) THE respondent, in his reply in the form of affidavit, admits the pendency of the Regular Second Appeal No. 1570 of 1986, the order passed in the Civil Misc. No. 3789-C of 1996, but it is pleaded that he has not transferred ownership of the property. He, in fact, has simply given the property on rent. The word 'alienation' denotes transfer of property by one person to another and imports material transfer of title. This petition has been filed simply to cause harassment and humiliation to the answering respondent. Petitioner along with Smt. Sushila Devi wife of Tarlok Chand, the attorney of the petitioner has leased out the land situated in village Bhag Budda, Tehsil Sultanpur Lodhi, District Kapurthala which is the subject matter of the RSA vide lease agreement dated 10.3.1999.