DR RS GREWAL & ORS. versus CHANDER PARKASH SONI & ANR.

DR RS GREWAL & ORS. versus CHANDER PARKASH SONI & ANR.

The tenant inducted by a life estate holder acquires the status of a statutory tenant protected under rent control legislation, and such status is not extinguished upon the death of the holder. Suit for possession treating the tenant as a trespasser is not maintainable; the remedy is to pursue eviction proceedings under relevant rent-control enactment.

Parties
Appellant: DR RS Grewal; Respondent: Chander Parkash Soni; Proforma Respondent: Proforma Respondent No. 2
Jurisdiction
India
Judgment Date
16 April 2019
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 21.01.2016 of the High Court of Punjab and Haryana, Chandigarh in Regular Second Appeal No. 3241 of 2014
Outcome
Appeals dismissed
Legal Topics
Life Interest, Statutory Tenancy, Will, Possession, Eviction, Rent Control Legislation
Landlord Tenant Property Law Rent Control Life Interest Statutory Tenancy Will Possession Eviction +1 more

Case Brief

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Parties

DR RS Grewal

Appellant

Chander Parkash Soni

Respondent

Proforma Respondent No. 2

Proforma Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 21.01.2016 of the High Court of Punjab and Haryana, Chandigarh in Regular Second Appeal No. 3241 of 2014

Legal Issues

  1. 1 Whether a tenant created by a life estate holder continues as statutory tenant after the death of the holder
  2. 2 Whether a suit for possession against such a tenant is maintainable or only eviction proceedings under rent control legislation

Ratio Decidendi

The tenant inducted by a life estate holder acquires the status of a statutory tenant protected under rent control legislation, and such status is not extinguished upon the death of the holder. Suit for possession treating the tenant as a trespasser is not maintainable; the remedy is to pursue eviction proceedings under relevant rent-control enactment.

Court Disposition

Appeals dismissed

Orders

  • The appeal stands dismissed. No order as to costs.
  • Civil Appeal Nos. 11087 and 11088 of 2018 dismissed on same terms and directions as Civil Appeal No. 11086 of 2018.