LAWS(HPH)-2006-8-14

RAJ RANI Vs. NARESH KUMAR PURI

Decided On August 14, 2006
RAJ RANI Appellant
V/S
Naresh Kumar Puri Respondents

JUDGEMENT

(1.) THIS petition has been filed by three sisters who are the daughters of late Sh.Jagdish Chand Puri who was admittedly a tenant in the premises in dispute.

(2.) BRIEF facts leading to the filing of the present petition are that the tenanted premises which are non-residential in nature were rented out to late Sh.Jagdish Chand Puri on rental of Rs.25/- per month w.e.f. 1.11.1969. The landlords filed a petition for eviction of the original tenant on 25.6.1991. When the matter was pending before the Rent Controller the tenant Sh.Jagdish Chand Puri died and his sons Avinash Puri and Nand Lal Puri were impleaded as respondents being his legal representatives. They contested the claim petition and finally an order of eviction was passed against them on the ground that the tenant was in arrears of rent and had ceased to occupy demised premises for a period of more than 12 months prior to the filing of the eviction petition.

(3.) AFTER the culmination of the proceedings before the Apex Court the landlords filed the execution proceedings before the Rent Controller. When the Rent Controller directed that the possession of the premises be handed over to the landlords in execution proceedings the present petitioners who are the daughters of the original tenant filed objections before the Rent Controller. In these objections the present petitioners claimed that they had also inherited the tenancy and as such they have a right to contest the proceedings. These objections filed by them had been dismissed by the learned Rent Controller vide order dated 14.6.2006 and hence the present petition.