Himachal Pradesh High Court
___________________________________________________ vs Late Smt. Dassi Dassi on 12 July, 2024
Author: Sushil Kukreja
Bench: Sushil Kukreja
1
( 2024:HHC:5074 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.255 of 2022
.
Date of Decision: 12.07.2024
___________________________________________________
Ashok
....Petitioner
Versus
Late Smt. Dassi Dassi
...Respondent
_____________________________________________________
Coram
Hon'ble Mr. Justice Sushil Kukreja, Judge
Whether approved for reporting?1
____________________________________________________
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)
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.
2. 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
1 ? Whether reporters of Local Papers may be allowed to see the judgment?
( 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.
3. 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.
4. Learned Senior Counsel for the petitioner contended
that the learned Court below without issuing notices to the other
legal heirs of late Smt. Dassi Devi proceeded to allow the
application filed by the respondent for his impleadment, which is
( 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.
5. 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.
( 2024:HHC:5074 )
6. At this stage, learned Senior Counsel for the
.
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.
7. 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.
Parties are directed to appear before the learned trial
Court on 06.08.2024. Records be sent forthwith.
( Sushil Kukreja )
July 12, 2024 Judge
(VH)
