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1997 Supreme(SC) 441

K.T.THOMAS, M.M.PUNCHHI
Satish Kumar Grover – Appellant
Versus
Surinder Kumar Grover – Respondent


ORDER

1. Leave granted.

2. The parties to this litigation are closely related. It appears from the record that the deceased Smt. Sheelawati had three sons and four daughters. Allegedly, she had a property which was tenanted with one Naval Kishore Jain. It is stated that on 6-2-1989, she made a Will in favour of her husband bequeathing the tenanted property to him absolutely. It also transpires that on 10-5-1989, she made another Will in respect of the same property in favour of Surinder Kumar, one of her sons, to the exclusion of her husband and her other two sons and four daughters.

3. On the basis of the Will dated 10-5-1989, Surinder Kumar, the respondent herein, moved the Rent Court for eviction of the tenant on the ground of his being in arrears of rent on account of default in timely payment thereof. Amongst others, the tenant raised the objection that he did not accept Surinder Kumar as his landlord pleading that there were six other heirs of the landlady who had succeeded to her estate. The trial court directed that those six left-outs be impleaded as parties to the eviction petition. The High Court in revision made an order to the contrary on the basis of proceedings which


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