DALJIT KAUR Vs. RUKMAN

JUDGEMENT

(1.) THE bone of contention here is a shop situated on the Grand Trunk Road, Gurdaspur. Jaimal Singh, its owner had let out this shop on rent to Bahadur Singh in 1945. The said Bahadur Singh continued in possession thereof till his death in 1973.

(2.) UPON death of the tenant Bahadur Singh, Shrimati Rukman, widow of Jaimal Singh and his other legal heirs (Jaimal Singh having died earlier) filed a suit for possession of the shop which was decreed in their favour by the trial Court on November 30, 1974. This decree was later upheld and affirmed in appeal by the Additional District Judge, Gurdaspur on October 17, 1975 though it was several years later, on 5.8.1982 that in execution thereof the legal heirs of Jaimal Singh eventually obtained possession of the shop.

(3.) THAT trial Court dismissed the suit of the plaintiff Daljit Kaur holding that she was not and indeed had never been in possession of the shop and thus not a necessary party to the previous suit for possession filed against the widow and sons of the tenant, Bahadur Singh and further that she (Daljit Kaur) had filed the present suit at the instance and for the benefit and interest of her brother Harbhajan Singh. These findings were later upheld and affirmed in appeal.