KUNDAN LAL Vs. MUNI DEVI

JUDGEMENT

(1.) THE property in dispute in a house in Ambala Cantonment Undisputedly it belonged to one Kalu Ram. Kalu Ram before his death is said to have executed a will in favour of his wife Lakshmi Devi Lachhmi Devi is said to have executed a registered will in favour of Om Parkash respondent. He is said to be related to Kalu Ram by being the latter's brother's grandson. On the other hand, figures Muni Devi who claims to have succeeds to Kalu Ram on the demise of Lachhmi Devi both having died interstate. She claims herself to be the niece (sister's daughter) of Kalu Ram. Presently there is a tug of was between Muni Devi and Om Parkash with regard to the ownership and possession of the house by means of a suit in the civil court pending before Shri J.B. Sharma, Additional Senior Sub/Judge. Ambala Cantt.

(2.) THE petitioners obtained the house in dispute from Muni Devi on tenancy vide rent note dated December 19, 1977 Exhibit P-1 at the rate of Rs. 50/- per mensem plus water tax. Muni Devi on December 13, 1980 filed an ejectment application on three grounds, but what survived was that the tenants were in arrears of rent from April 1, 1980 to December 31, 1980. The tenants inter alia pleaded that they had been duped into the tenancy as Om Parkash respondent had sprung on the to claim ownership of the property and he was even recorded as owner in the municipal papers. The tenants further claimed that for the period in question i.e., from April 1, 1980 to December 31, 1980 they had paid Om Parkash the rent and thus they were (sic) learned Rent Controller, framed an issue as to whether Muni Devi was not the owner of the house and if so, to what effect? The learned Rent Controller did not give any positive finding in that regard but left the parties to get a decision made in the civil court. However, the petitioners were ordered to be ejected on the premises that they had entered into possession of the house as permitted by Muni Devi and thus could not deny her title. The Appellate Authority affirmed that view, which has given rise to the present revision petition.

(3.) THE revision petition stands disposed of accordingly. No costs. Revision petition disposed of accordingly.