PARMA NAND Vs. MANOHAR LAL

JUDGEMENT

(1.) This is defendants' second appeal against whom the suit for possession of the shop, in dispute, was dismissed by the trial Court, but decreed in appeal.

(2.) The undisputed facts are that Munshi Ram, predecessor-in-interest of the plaintiffs, was the owner of the shop, in dispute. He let out the same to Ram Ditta Ram, the predecessor-in-interest of the defendants, on a monthly rent of Rs. 25/- in the year 1964. He died on September 30, 1971 and on his death, his sons, widow and the daughters, defendant Nos. 1 to 7, being his heirs, became the tenants and continued to occupy the demised premises. The suit was filed by the plaintiffs on the allegations that after the death of Ram Ditta Ram who was statutory tenant, the occupation of the defendants was that of trespassers because the statutory tenancy was not heritable. The trial Court dismissed the plaintiff's suit as it was held that Champa Lal was the tenant on the shop, in dispute, and Ram Ditta Ram. However, in appeal, the learned Additional District Judge reversed the said finding of the trial Court and came to the conclusion that Ram Ditta Ram was the tenant on the shop, in dispute; he had become a statutory tenant and that the tenancy as such was not heritable. Consequently, the plaintiffs' suit was decreed. Dissatisfied with the same, the defendants have filed this second appeal in this Court.

(3.) The matter now stands concluded by the Full Bench judgment of this Court in Harish Chander v. Kirpa Ram, 1986 89 PunLR 164, wherein it was held that the tenancy in respect of non-residential building in the event of the death of the tenant devolves on the heirs of the deceased tenant in accordance with the general law of succession applicable to the tenant and the heirs who steps into the shoes of the deceased tenant continue to enjoy the protection afforded by the Haryana Urban (Control of Rent and Eviction) Act, 1973. In view of the above-said Full Bench judgment of this Court, no meaningful arguments could be raised on behalf of the plaintiff-respondents.