Ashok Vs Dassi Devi Deceased through Tara Chand

¶1

1

¶2

( 2024:HHC:5074 )

¶3

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶4

CMPMO No.255 of 2022

¶5

Date of Decision: 12.07.2024

¶6

___________________________________________________ Ashok ....Petitioner Versus Late Smt. Dassi Dassi …Respondent ____________________________________________________ Coram_

¶7

Hon’ble Mr. Justice Sushil Kukreja, Judge

¶8

Whether approved for reporting?¹

¶9

____________________________________________________ For the petitioner : Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate. For the respondent : Mr. Hem Chand Sharma, Advocate. ____________________________________________________ Sushil Kukreja, Judge (Oral)

¶10

The instant petition has been filed under Article 227 of the Constitution of India, challenging the order dated 13.04.2022, passed by the learned Rent Controller, Shimla in CMA No.982 of 2021, titled Smt. Dassi Davi (deceased) through LR Vs. Ashok , whereby respondent Tara Chand has been brought on record in place of late Smt. Dassi Devi.

¶11

Brief facts of the case, as emerge from the record, are that late Smt. Dassi Devi filed an eviction petition against the respondent (petitioner herein) under HP Urban Rent Control Act. During pendency of the said petition, Smt. Dassi Devi died on

¶12

1 ? Whether reporters of Local Papers may be allowed to see the judgment?

¶13

2

¶14

( 2024:HHC:5074 ) 21.02.2021 and upon her death, respondent herein Tara Chand filed an application under Order 22, Rule 3 read with Section 151 of CPC to bring on record the legal heirs of late Smt. Dassi Devi. As per the respondent, late Smt. Dassi Devi has left behind him as her only legal representative and there are no other legal heirs because he has inherited her property on the basis of a registered Will dated 23.05.2017 and the right to sue survives only in his favour. The petitioner herein filed reply to the said application, in which, he disputed the validity and correctness of Will dated 23.05.2017. According to him, besides Tara Chand, i.e. respondent herein, late Smt. Dassi Devi has also left behind other legal heirs, namely, Dharam Singh, Gian Chand, Sunder Singh (sons) and Uma Devi (daughter). After hearing the learned counsel for the parties, the learned trial Court passed an order, which is impugned herein.

¶15

I have heard learned Senior Counsel for the petitioner as well as learned counsel for the respondent and also gone through the material available on record.

¶16

Learned Senior Counsel for the petitioner contended that the learned Court below without issuing notices to the other

¶17

legal heirs of late Smt. Dassi Devi proceeded to allow the application filed by the respondent for his impleadment, which is

¶18

3

¶19

( 2024:HHC:5074 ) contrary to law and facts and there has been an error of exercise of jurisdiction in accordance with law. He further contended that the notices were required to be issued to all the legal heirs so as to avoid multiplicity of litigation and subsequent dispute due to rival and conflicting claims by her legal representatives. He also contended that no reliance can be placed on the copy of alleged Will, therefore, all the legal representatives of late Smt. Dassi Devi are the necessary parties and they deserve to be brought on record. He further contended that the validity and correctness of the Will as set-up by respondent Tara Chand is under challenge in the Regular Second Appeal being RSA No.330 of 2016, which is still pending adjudication before this Court.

¶20

After hearing learned counsel for the parties and also after going through the material on record, this Court is of the view that neither any illegality nor any irregularity has been committed the the learned trial Court while passing the impugned order dated 13.04.2022. It has been specifically observed by the learned trial Court in the impugned order that the question to be seen in the present application is to the limited extent of continuing the proceedings and question regarding succession of late Smt. Dassi Devi has not to be decided in this application.

¶21

4

¶22

( 2024:HHC:5074 ) 6. At this stage, learned Senior Counsel for the

¶23

petitioner submitted that since the validity and correctness of the Will in question is under challenge before this Court in RSA No.330 of 2016, therefore, the learned trial Court could not have held that the applicant (respondent herein) is the only legal representative of estate of Smt. Dassi Devi, as such, the impugned order only to that extent be set aside. Hence, in view of the submission made by the learned Senior Counsel for the petitioner, since the validity and correctness of the Will in question is under challenge before this Court, it could not have been held by the learned trial Court that the respondent is the only legal representative of estate of late Smt. Dassi Devi in the proceedings before it under HP Urban Rent Control Act, which can only be decided by the competent Court of law, hence, the impugned order is set aside only to that extent.

¶24

Accordingly, the present petition is disposed of in the above terms, so also the pending miscellaneous application(s), if any. Interim order dated 04.07.2022 shall stand vacated.

¶25

Parties are directed to appear before the learned trial Court on 06.08.2024 . Records be sent forthwith.

¶26

( Sushil Kukreja ) July 12, 2024 Judge (VH)

Ashok v. Dassi Devi Deceased through Tara Chand

Case brief

What is this about?

What did the court decide?

Ashok v. Dassi Devi Deceased through Tara Chand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sukhwinder Singh Vs State of Hp

Sonu Vs State of Hp

Chhape Ram Vs Khem Chand and Anr.

Rekha Devi Vs J.P Associates Hydro Electric Project

Dharmender Kumar Vs State of H.P.

Jambeel Shah Vs State of Hp