BALBIR WATI Vs. JAGBIR SINGH ARORA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.10.1990 passed by the Additional District Judge, Chandigarh, by which the appeal filed by the appellants was dismissed and the judgment and decree dated 13,6.1985 passed by the trial Court (decreeing the suit filed by Jagir Singh Arora Plaintiff -respondent) was upheld.

(2.) Jagbir Singh Plaintiff -respondent brought an interpleader suit for adjudication of the question as to who out of the rival claimants to the estate of Kundan Lal who had inducted him as a tenant in the demised shop, was entitled to receive the rent, as Kundan Lal landlord had died on 19.1.1983. The Plaintiff -Respondent alleged that Zorge and Ashok Kumar, who are the sons of Randhir Kumar, claimed to be the landlords on the basis of will dated 20.12.1982 (Exhibit. DW -3/1) executed by Kundan Lal in their favour; the Plaintiff -respondent also pleaded that Baldev Raj and Kuldip Kumar have also claimed to be the landlords of the premises, in dispute; and that they have also filed a rent application against him.

(3.) During the pendency of the suit, Baldev Raj defendant died and his legal heirs were impleaded.