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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR
Jwala Devi – Appellant
Versus
Prabha Bhagra – Respondent
| Table of Content |
|---|
| 1. second appeal against decree reversal. (Para 1 , 2 , 3) |
| 2. single-storey tenanted garage; unauthorized storeys added. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. defendants deny locus via acquisition, claim joint tenancy. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. evidence supports plaintiffs; trial dismisses for locus. (Para 16 , 17 , 18 , 19 , 20) |
| 5. appeal allowed; second appeal on substantial questions. (Para 21 , 22 , 23 , 24) |
| 6. records prove unauthorized construction, persisting tenancy. (Para 25 , 26 , 27 , 28) |
| 7. co-landlord may sue tenant independently. (Para 29) |
| 8. subsequent sales irrelevant as additional evidence. (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 9. rights determined as on suit institution date. (Para 36 , 37 , 38 , 39 , 40) |
| 10. tenancy devolves firstly to surviving spouse. (Para 41 , 42 , 43 , 44 , 45) |
| 11. de-notification revives owners' rights; suit maintainable. (Para 46 , 47 , 48 , 49 , 50) |
| 12. no perversity; appeal dismissed. (Para 51 , 52 , 53) |
JUDGMENT :
VIVEK SINGH THAKUR, J.
1. This Regular Second Appeal has been preferred against judgment and decree dated 28.11.2005, passed by Additional District Judge, Fast Track Court, Shimla, Himachal Pradesh, in Civil Appeal No. 1
Tenancy under Rent Control Act devolves firstly to surviving spouse with personal right not further inheritable; unauthorized construction on tenanted premises by non-successors demolishable; rights ....
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