SURJIT KAUR Vs. PRITAM SINGH

JUDGEMENT

(1.) PRITAM Singh and his father Sunder Singh purchased house No. 7, Brahm Nagar, Amritsar from the vendor in equal shares by two separate sale deeds both executed on December 3, 1972, and registered on December 4, 1972. Sant Singh, now deceased and represented by his widow Surjit Kaur petitioner, occupied a portion of the house as a tenant since before its purchase by Pritam Singh. In July, 1974, Pritam Singh filed a petition for ejectment against Sant Singh on grounds of non-payment of arrears of rent, subletting and bonafide requirement alleging that the half portion of the house in which fell the portion in occupation of Sant Singh had been purchased by him. The arrears of rent were tendered on the first date of hearing and the Rent Controller vide order dated December 5, 1978, held that the alleged subletting on the part of Sant Singh was not proved and the landlord required the premises for his own use. The tenant was directed to vacate the premises. Sant Singh having died, his widow Surjit Kaur petitioner filed an appeal which was dismissed by the Appellate Authority vide order dated September 4, 1981. The petitioner had assailed the orders of the Rent Controller and the Appellate Authority in the present revision.

(2.) HOUSE No. 7, Brahm Nagar, Amritsar, purchased by Pritam Singh respondent and his father in equal shares by two separate sale-deeds of the same date constitute one unit. The half share of the house on the eastern side is that of Pritam Singh respondent and the other half on the west is that of his father. The petitioner is in occupation of two rooms, one store, one bath and one kitchen. Pritam Singh is in occupation of three rooms and one kitchen. The portion of the house purchased by the father of Pritam Singh on western side consists of five rooms, one kitchen, one store and a garage.

(3.) SUNDER Singh, father of Pritam Singh, died in 1976. He executed a registered Will dated August 29, 1974, under which his portion of House No. 7, Brahm Nagar, Amritsar, has been bequeathed by him in favour of his daughter in law Balwant Kaur, wife of Pritam Singh respondent. Pritam Singh did not leak out, while leading his evidence, that the half portion of the house purchased by his father has been bequeathed by him in favour of his (Pritam Singh) wife. The petitioner summoned RW Surjan Singh, Reader of Sub-Registrar, Amritsar, who stated from record that Sunder Singh has executed a registered Will in 1974. Sunder Singh has four sons and one daughter. It is obvious that Sunder Singh disinherited all his sons and daughter while bequeathing his half portion of House No. 7, Brahm Nagar, Amritsar, in favour of the wife of Pritam Singh respondent. The fact that Pritam Singh and his father both purchased half share each in the house by two separate sale-deeds on the same date and further Sunder Singh bequeathed his half share purchased by him in favour of the wife of Pritam Singh in 1974 are suggestive that Sunder Singh was only a Benamindar and the real owner of the portion purchased by him was Pritam Singh. According to Pritam Singh half portion of the house purchased by his father is lying vacant since after his death.