Document Fragment View
Fragment Information
Showing contexts for: interpleader suit in Amrik Singh Sabharwal (Sc) vs Inder Singh on 11 August, 2023Matching Fragments
11.4 In the case of Bharat Bhushan Vij vs. Arti Techchandani, 2008 (153) DLT 247 in paras 4 and 5 it was held as under :
"4. The concept of ownership in a landlord- tenant litigation governed by the Delhi Rent Control Act, has to be distinguished from the one in a title suit. If the premises was let out by a person and after his death, the premises has come in the hands of beneficiary under a Will, the tenant has no right to challenge the title of such a beneficiary. If on the death of the original owner the tenant has any doubt as to who was the owner of the premises, he is supposed to file an interpleader suit impleading all the legal heirs of the deceased and ask the Court to decide as to who shall be the landlord/owner after the death of the original owner. Where no interpleader suit is filed by the tenant and the tenant continues in possession after death of the original owner without demur and without raising an (NEETU NAGAR) ARC-02 (Central), THC, 11.08.2023 Page no. 11 of 25 No. 80645/16 Amrik Singh Sabharwal Vs. Inder Singh objection against the person, who claims to have inherited the property under the Will, he later on cannot challenge the ownership of such a person. It is not the domain of the tenant to challenge the Will of the deceased landlord. If a landlord is able to show that there is a testament in his/her favour, he/she is deemed to have discharged his/her burden of proving the ownership under the Act. If the tenant takes a frivolous objection about ownership, such an objection cannot be entertained unless the tenant comes forward as to who was the landlord/owner of the premises and to whom he has been paying rent after the death of the original owner."
11.5 In the present case, no interpleader suit has been filed by the respondent. There is complete silence on who was the landlord and to whom the respondent was paying rent after death of original landlord late Sh. Amar Singh in the written statement as well as evidence affidavit of respondent.
11.6 It has been next pleaded by the respondent that he was under
the impression that the tenanted premises is owned by Late Sh. Amar Singh but the same is government land. To my mind, the respondent cannot now challenge the title of late Sh. Amar Singh on the ground that the suit premises did not even belong to him and that the tenanted (NEETU NAGAR) ARC-02 (Central), THC, 11.08.2023 Page no. 12 of 25 No. 80645/16 Amrik Singh Sabharwal Vs. Inder Singh premises is government land as there is no document regarding the said plea.