MEHAL CHAND Vs. DIDAR SINGH

JUDGEMENT

(1.) MEHAL Chand is the owner landlord of two shops forming part of building No. B-XII-68 situated at Brown Road, Ludhiana. Amar Singh was his tenant therein who died on June 2, 1973. Alleging the defendant-respondents (widow, sons and daughters) to be trespassers herein after the death of statutory tenant Amar Singh, Mehal Chand filed against them civil suit No. 72 of 1974 for recovery of actual physical possession of the tenanted shops, which was decreed by the learned trial Court with costs on April 28, 1976.

(2.) IN civil appeal No. 108 of 1976 decided on January 10, 1978, learned lower Appellate Court held that statutory tenancy of Amar Singh was heritable by his legal heirs who could not be treated as trespassers in the tenancy premises. Decision of the learned trial Court was thus reversed in appeal. Challenging the decision of the learned lower Appellate Court, the plaintiff-landlord has filed Regular Second Appeal No. 1784 of 1978 in this Court.

(3.) FINDING of fact that defendant-respondents are the heirs of deceased statutory tenant Amar Singh, who are occupying the tenanted shops after his death, is not disputed. Position of law in this regard, obtaining in the assailed judgment and decree of the learned lower Appellate Court, has been endorsed by the Constitution Bench of five Hon'ble Judges of the Supreme Court in Smt. Gian Devi Anand ] Jeevan Kumar and others, A.I.R. 1985 Supreme Court 796: 1985(1) RCR 459, and thereafter by a Bench of two Hon'ble Judges in Narain and others v. Om Parkash Gupta, A.I.R. 1987 Supreme Court 1602 holding that commercial tenancies are also heritable. Regular Second Appeal is, therefore, rendered benefit of any merit and is accordingly dismissed with costs. Appeal dismissed.