AVTAR SINGH Vs. AZAD SINGH AND ORS.

JUDGEMENT

(1.) The challenge in the present revision is to the order dated 21.08.2003 passed by the learned Executing Court whereby objections filed by the objectors claiming inheritance of tenancy rights was allowed.

(2.) One Ajit Singh was the tenant in the premises in dispute. After his death in the year 1972, his widow Ravinder Pal Kaur and his son Jaimal Singh carried out business of deceased Ajit Singh in the shop in dispute. In the month of July, 1986, said Ravinder Pal Kaur and Jaimal Singh executed a rent note dated 3.7.1986 agreeing to pay rent at the rate of Rs. 90/ - per month w.e.f. 1.7.1986 instead of rent at the rate of Rs. 40/ - per month. The said rent note was executed by Ravinder Pal Kaur and Jaimal Singh on the representation that they are the only legal heirs of Ajit Singh deceased.

(3.) The petitioner filed ejectment petition wherein ex parte ejectment order was passed on 23.12.1991. Thereafter, proceedings for setting aside of ex parte ejectment order were initiated but the same were dismissed. The revision petition against the said order was dismissed by this Court on 14.08.2002 and Special Leave Petition against the said order was dismissed by the Supreme Court on 28.10.2002.