BRAHMIN SABHA Vs. ASHA TANDON

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner/defendant has challenged the order passed by the Court of learned District Judge, Shimla, in CMA No. 20-S/14 of 2018, titled as Miss Asha Tandon vs. Brahmin Sabha, dated 24.09.2018, vide which, appeal filed by the present respondent/plaintiff under order 43, Rule 1 of the Code of Civil Procedure (hereinafter referred to as the 'Code' for short) was allowed, which appeal was directed against order dated 05.06.2018, passed by learned Civil Judge, Court No. 5, Shimla, H.P. in CMA No. 139/6 of 2017, filed in Civil Suit No. 133-1 of 2017 titled as Asha Tandon vs. Brahmin Sabha, vide which, learned trial Court dismissed the application filed by the plaintiff under Order 39, Rules 1 and 2 of the Code for grant of interim relief.

(2.) Brief facts necessary for the adjudication of the present petition are that respondent herein/plaintiff has filed a suit for declaration before the learned Trial Court against the present petitioner that Order passed by the learned Rent Controller, Court No. 6, Shimla, in Rent Case No. 57/2 of 2010/2006, instituted on 13.10.2006 and decided on 30.11.2011, titled as Brahmin Sabha vs. Miss Shiv Kanta, and judgment passed in Rent Appeal RBT No. 1-S/13(b) of 2015/12, by the learned Appellate Court, are illegal, null and void, inoperative and not binding upon the plaintiff, who had inherited the tenancy rights of her father late Shri Ram Chand Tandon, qua shop No. 83/1, Galli No. 13, Lower Bazaar, Shimla, with consequential relief that the defendant be restrained from forcibly evicting the plaintiff from the shop in question.

(3.) The case of the plaintiff before the learned Courts below was that late Shri Ram Chand Tandon was the original tenant of the demised premises, who died on 06.06.1998 and after his death, tenancy qua the shop in issue was inherited by his three daughters, including her, under general law of succession.