Punjab-Haryana High Court
Surinder Singh vs Haridalbir Singh (Dead) Through His Lrs on 9 July, 2013
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
CM No.2066-C of 2013 and
RSA No.2351 of 2000 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.2066-C of 2013 and
RSA No.2351 of 2000
Date of decision: 09.07.2013
Surinder Singh ......Appellant(s)
Versus
Haridalbir Singh (dead) through his LRs ......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Mahabir Sandhu, Advocate for the appellant.
Mr. Y.P. Singla, Advocate for the LRs of the respondent.
Rakesh Kumar Garg, J. (Oral)
The suit of the plaintiff-respondent for possession by way of ejectment of the defendant-appellant from the plot in dispute was decreed by the Courts below holding that the plaintiff-respondent is the owner of the suit property and the appellant was the tenant under him.
The instant appeal has been filed at the instance of the defendant. The said appeal was admitted vide order dated 29.7.2003 which reads thus:
"Contends that in fact the plaintiff had neither led any evidence to show his title nor proved that the defendant was his tenant. On that basis, it is contended that the suit for possession by way of ejectment filed by the plaintiff could not have been decreed.
Admitted.
Saini Pushpinder 2013.07.19 12:17 I attest to the accuracy and integrity of this document High Court Chandigarh CM No.2066-C of 2013 and RSA No.2351 of 2000 2 Execution of the decree under appeal shall remain stayed till further orders subject to the appellant furnishing security to the satisfaction of the executing Court within a period of 3 months. The aforesaid security shall be accepted by the learned executing Court after notice to the plaintiff-decree holder."
It may further be noticed that during the pendency of this appeal, the plaintiff-respondent died and his LRs came on record.
Now the instant application i.e. CM No.2066-C of 2013 has been filed to allow the LRs of the plaintiff-respondent to withdraw their civil suit itself out of which the instant appeal has arisen making the following averments:
"That during the pendency of present appeal in this Hon'ble Court, the Municipal Committee has come into existence in the area of Panchkula and the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973 have become applicable vide Notification dated 26.1.2001 under which any property falling within the municipal limits of Distt. Panchkula can be got vacated only by way filing Rent Petition under this Rent Act and in view of the fact that the area of Panchkula has come within the Municipal Limits and the Rent Act becoming applicable to it, the Civil Court Decree dated 24.8.1999 passed in favour of respondent in this civil suit for possession by way of ejectment of Saini Pushpinder 2013.07.19 12:17 I attest to the accuracy and integrity of this document High Court Chandigarh CM No.2066-C of 2013 and RSA No.2351 of 2000 3 appellant from the premises in question has become inexecutable.
4. That keeping in view the aforesaid development, the legal heirs of respondent-Hari Dalbir Singh have filed Rent Petition under the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973 for ejectment of appellant from the premises in dispute which is subject matter in the present case and the said eviction petition has been allowed vide judgment dated 14.12.2010. The appellant has filed appeal before the ld. Appellate Authority, Panchkula challenging the order of his eviction which is also pending adjudication. The legal heirs of respondent have filed execution proceedings which are pending in the ld. Court of Mrs. Sourabh Gossain, Rent Controller, Panchkula and in these proceedings, the appellant is raising the objection about pendency of present RSA in this Hon'ble Court in which the execution of decree under appeal has been stayed by this Hon'ble Court vide order dated 29.7.2003.
5. That it is pertinent to mention here that the respondent has expired on 11.5.2001 and his legal heirs were brought on record vide Civil Misc. No.9392-C of 2001.
6. That in view of applicability of Rent Act to Saini Pushpinder 2013.07.19 12:17 I attest to the accuracy and integrity of this document High Court Chandigarh CM No.2066-C of 2013 and RSA No.2351 of 2000 4 the premises in dispute, the legal heris of respondent wishes to withdraw the civil suit itself which may kindly be allowed. As such, no useful purpose will be served to keep the present RSA pending and the same be disposed of by granting the prayer made hereinabove."
Reply has been filed to the instant application contesting the prayer made in the application on the ground that the applicability of the Haryana Urban (Control of Rent & Eviction) Act, 1973 will not make the decree in question redundant.
However, it could not be disputed before this Court that in eviction application filed by the plaintiff-respondent, eviction of the appellant has already been ordered. Moreover, prayer in this appeal is to dismiss the suit of the plaintiff-respondent by setting aside the judgments and decrees of the Courts below and by moving this application, the plaintiff-respondents are also seeking dismissal of their suit as withdrawn.
In view thereof, prayer made in this application is allowed. The plaintiff-respondents are allowed to withdraw their civil suit out of which the present appeal had arisen.
Resultantly, the instant appeal has become redundant, as the civil suit itself has been ordered to be dismissed as withdrawn.
July 09, 2013 (RAKESH KUMAR GARG)
ps JUDGE
Saini Pushpinder
2013.07.19 12:17
I attest to the accuracy and
integrity of this document
High Court Chandigarh