SURESH KUMAR BANSAL versus KRISHNA BANSAL AND ANR.

SURESH KUMAR BANSAL versus KRISHNA BANSAL AND ANR.

To avoid multiplicity of proceedings and conflicting judgments, the proper course is to bring all heirs and legal representatives of the deceased plaintiff on record in the eviction suit, including those claiming under a Will, subject to grant of probate. Genuineness of the Will cannot be conclusively decided in substitution proceedings; eviction decree, if passed, shall be subject to the grant of probate. If probate is not granted, possession devolves on natural heirs; if granted, appellant is entitled to eviction order against tenants.

Parties
Appellant: Suresh Kumar Bansal; Respondent No.1: Krishna Bansal; Respondent No.2 and Others: Respondents (heirs of original tenant Bhogiram)
Jurisdiction
India
Judgment Date
14 December 2009
Procedural Posture
Civil Appeal / Appeal From High Court Order Affirming Trial Court's Rejection of Appellant's Impleadment Application
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Impleadment/substitution of Legal Representatives, Eviction Suit, Probate Proceedings, Will Genuineness and Effect
Civil Procedure Rent Control and Eviction Impleadment/substitution of Legal Representatives Eviction Suit Probate Proceedings Will Genuineness and Effect

Case Brief

Summary, issues, holding and outcome

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Parties

Suresh Kumar Bansal

Appellant

Krishna Bansal

Respondent No.1

Respondents (heirs of original tenant Bhogiram)

Respondent No.2 and Others

Procedural Posture

Civil Appeal / Appeal From High Court Order Affirming Trial Court's Rejection of Appellant's Impleadment Application

Legal Issues

  1. 1 Whether the appellant, as legatee under a Will, is entitled to be substituted/impleaded in a pending eviction suit along with the natural heirs and legal representatives of the deceased plaintiff

Ratio Decidendi

To avoid multiplicity of proceedings and conflicting judgments, the proper course is to bring all heirs and legal representatives of the deceased plaintiff on record in the eviction suit, including those claiming under a Will, subject to grant of probate. Genuineness of the Will cannot be conclusively decided in substitution proceedings; eviction decree, if passed, shall be subject to the grant of probate. If probate is not granted, possession devolves on natural heirs; if granted, appellant is entitled to eviction order against tenants.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Appellant's application for impleadment allowed; appellant to be impleaded in the pending eviction suit along with natural heirs and legal representatives of deceased plaintiff, subject to grant of probate by a competent court of law.
  • Eviction suit to proceed with all legal representatives. If eviction decree is passed, appellant gets possession only upon grant of probate; if probate is refused, natural heirs take possession.