Jwala Devi v. Prabha Bhagra
Case brief
What is this about?
RSA dismissed – mandatory injunction for demolition of two unauthorised storeys over tenanted premises – de-notification of acquisition revives original ownership (intervening 'eclipse') – privity of landlord and tenant shown by rent paid till 31.3.1990 – succession to tenancy under Section 2(j) H.P. Urban Rent Control Act (surviving spouse first; right personal, non-devolving) – co-owner competent to sue alone – Rent Act remedy no bar to suit for removal of unauthorised construction – additional evidence under Order 41 Rule 27 CPC refused – substantial questions of law on valuation, acquisition-period construction, attornment, non-joinder and adverse inference answered against appellants.
What did the court decide?
There is no illegality, irregularity or perversity in the impugned judgments of the first Appellate Court; the Substantial Questions of Law are answered against the defendants-appellants.