In landlord-tenant disputes, a suit for injunction can be maintainable following adequate notice of tenancy termination, regardless of title disputes.

JUDGMENT :

Virinder Aggarwal, J.

CM-12417-C-2025

The present application has been filed by the counsel for the appellant, seeking exemption from the requirement of mentioning the NOR number, on the ground that he has only recently been conferred a license by the Bar Council of Punjab and Haryana, Chandigarh, and, as a consequence, his name has not yet been incorporated in the official roll of Advocates.

2. Having carefully perused the application and considered the grounds advanced therein, the same is hereby allowed, subject to all just and equitable exceptions, and without prejudice to the counsel's future adherence to all statutory and procedural formalities as may be prescribed by the Bar Council or this Court.

RSA-3406-2025 (O&M)

By way of the present appeal, the appellant has challenged the judgment and decree passed by the learned First Appellate Court, Gurdaspur, whereby the suit filed by the respondents-plaintiffs was decreed, granting a mandatory injunction directing the appellant to deliver vacant possession of the suit property. The learned First Appellate Court reversed the well-reasoned judgment of the learned Civil Judge (Junior Division), Gurdaspur, thereby setting aside the findings recorded by the trial court.' 2.1. Factual background of the case is as under:-

'The respondents-plaintiffs filed the present suit seeking a mandatory injunction, praying for a direction to the petitioner-defendant to deliver vacant possession of the suit property. The suit arises out of the landlord-tenant relationship, as Banta Singh, the grandfather of the defendant, had taken the shop on rent from Chanan Kaur pursuant to a registered rent deed dated 08.11.1979. Chanan Kaur, who died issueless on 13.05.2010, executed a registered Will dated 02.12.1999 in favour of the plaintiffs, and subsequent mutation of her estate has been sanctioned in their favour. The plaintiffs seek possession of the shop to commence a business for the maintenance and welfare of plaintiff No.3. A formal notice terminating the tenancy was issued to the defendant on 21.07.2016; notwithstanding the same, the defendant has failed to vacate and deliver possession of the premises.'

3. The defendant contested the suit, categorically denying the existence of any landlord-tenant relationship between the parties and disputing that Banta Singh executed the rent deed dated 08.11.1979 in favour of Chanan Kaur. The defendant further denied that the plaintiffs acquired ownership of the suit property through inheritance from Chanan Kaur. It is contended that the defendant is in lawful possession of the disputed shop, and the plaintiffs have no right, title, or interest therein. The receipt of the notice dated 21.07.2016 has also been specifically denied.

4. After a careful and detailed examination of the pleadings, documents, and submissions of the parties, this Court has framed the following issues for determination, with a view to comprehensively and judiciously adjudicating the rival claims and defenses raised in the present dispute, which are set out hereunder:-

i. Whether plaintiffs are entitled for mandatory injunction as prayed for? OPP

ii. Whether the suit is not maintainable ? OPD

iii. Whether the plaintiffs have no locus standi to file the present suit? OPD

iv. Relief.

5. After contest, the suit was dismissed by the learned Civil Judge, primarily on the ground that the plaintiffs had failed to prove the Will on record and, consequently, lacked the requisite locus standi to maintain the suit. In appeal, the learned First Appellate Court reversed these findings and allowed the appeal, thereby decreeing the suit in favour of the plaintiffs

6. Being dissatisfied by the judgment and decree rendered by the learned First Appellate Court, the appellant has instituted the present appeal.

7. I have heard the learned counsel for the appellant and considered his submissions in the context of the pleadings, evidence, and the findings recorded by the Courts below. The record has been thorou