SATYA DEVI Vs. RAVINDER KUMAR

JUDGEMENT

(1.) One Mirchu Ram was a tenant of the premises known as Shop No. 19 Ganj Bazar, Shimla. S/Shri Ravinder Kumar and Ashok Kumar are its owners. Mirchu Ram was a tenant from month to month. The tenancy was to come to an end with effect from February 28, 1962. However, Mirchu Ram continued to remain in possession of the shop even thereafter. He was protected against his eviction by the provisions of the East Punjab Urban Rent Restriction Act, 1949 (hereafter, "the East Punjab Act's which was then in force in this area. Mirchu Ram died on January 12, 1970. He left behind his widow and a daughter as the two heirs. The widow died on February 9, 1972.

(2.) The Himachal Pradesh Urban Rent Control Act, 1971 (for brief, "the Act of 1971 ") came into force in all urban areas in Himachal Pradesh with effect from November 17, 1971, when it was first published in the Himachal Pradesh Gazette (Extraordinary). At that time the- widow was alive. Under Section 4 of this Act the widow was permitted to retain possession of the tenanted accommodation, till her death or remarriage, after the death of a tenant. Section 28 of this Act, which related to repeal and savings said, in the first proviso to sub-section (2) that the provisions of Section 4 shall be applicable to all pending suits and proceedings for eviction against widows and shall be disposed of in accordance with the provisions of that Act. After the death of the widow the shop continued to be in possession of the daughter of Mirchu Ram, Smt. Satya Devi, and her husband, Prem Nath Sharma.

(3.) Civil Suit No. 154/1 of 1980 was instituted by the owners, Ashok Kumar and Ravinder Kumar, on August 25, 1980 for possession over this shop. What they said, in the main, was that after the death of Mirchu Ram, the tenancy came to an end because Mirchu Ram was a statutory tenant and the defendants were in illegal possession of the premises after his death. The defendants raised several pleas in defence. However, the Senior Sub-Judge, Shimla, passed a decree against them for possession of the property on December 26, 1980, He took the view that the tenancy of Mirchu Ram was not heritable because it was a statutory tenancy in which Mirchu Ram had a personal right of possession. That right came to an end after his death. Satya Devi and her husband, Prem Nath, assailed the decree in Civil Appeal No. 46-S/13 of 1981 before the District Judge, Shimla. The learned Judge dismissed it on October 3, 1981.