Ashok Kumar (Now Deceased) Through His Lrs v. Ashwani Kumar Anand
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision: 17.01.2023
1) CR-2907-2019 (O&M) Ashok Kumar (deceased) Through LRs.
.....Petitioners
Versus
Ashwani Kumar Anand ....Respondent
2) CR-2908-2019 (O&M) Ashok Kumar (deceased) Through LRs.
.....Petitioners
Versus
Smt. Manjit Kaur and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:
Mr. Nikhil Sabharwal, Advocate for the petitioner(s).
Mr. Atul Jain, Advocate for respondent in CR-2907-2019 and for respondent No.1 in CR-2908-2019.
***** ARUN MONGA, J. (ORAL) Vide this common order, above mentioned two petitions are being disposed of, since not only the facts but the issues raised therein are also similar. For brevity, recitals are being taken from CR-2907-2019. 2.
Petition herein, inter alia, is for setting aside order dated 02.04.2019 whereby the Executing Court has declined the application of LRs of the deceased petitioner for being impleaded on the ground that the LRs cannot execute the decree unless they obtain the succession certificate as per Section 214(1)(b) of the Indian Succession Act, 1925. 3.
Having heard the rival arguments, I am of the view that the Executing Court clearly fell in error in observing that the LRs of the deceased-Landlord cannot execute a decree unless they obtain the succession certificate as per Section 214(1)(b) of the Indian Succession Act, 1925. For
CR-2907 & 2908-2019 (O&M) -2ready reference, provisions of Section 214(1)(b) of the Indian Succession Act, 1925 are reproduced as under:- "214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.
-(1) No Court shallxxxx xxxx xxxx xxxx (b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming of- (i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the Administrator General's Act, 1913 (3 of 1913), and having the debt mentioned therein, or (iii) a succession certificate granted under Part X and having the debt specified therein, or (iv) a certificate granted under the Succession Certificate Act, 1889 (7 of 1889), or (v) a certificate granted under Bombay Regulation No.
VIII of 1827, and, if granted after the first day of May, 1889, having the debt specified therein."
4.
Perusal of the aforesaid provisions shows that the same operates in respect of recovery of debts in money decrees and has no application whatsoever in the case of immovable properties. The same leaves no manner of doubt that the Executing Court misinterpreted the provisions contained in the section ibid and therefore the order impugned herein cannot be sustained on that ground alone.
5.
Furthermore, it is borne out that the respondent/tenants are in appeal which is stated to be pending and in the said appeal as well the LRs have been impleaded as successors-in-interest of the landlord/petitioner. Therefore, the order impugned herein clearly flies in the face of the impleadment of the LRs in the appellate proceedings, which is nothing but continuation of the proceedings originally instituted by the petitioner before the Ld. Rent Controller.
CR-2907 & 2908-2019 (O&M) -36.
In light of the discussion herein above, it is held that the Executing Court clearly fell in error in dismissing the application of the LRs (son, widow and daughter of the deceased landlord), who are concededly the LRs of the deceased decree-holder and their status is not disputed. Therefore, they have a right to represent the deceased landlord as his LRs.
7.
Petitions are allowed. Impugned orders are set aside and the Executing Court is directed to implead the petitioners as LRs of the deceased decree-holder subject of course to the just exceptions and to proceed further in accordance with law without granting unnecessary adjournments. 8.
Pending civil miscellaneous applications, if any, shall also stand disposed of.
(ARUN MONGA) JUDGE January 17, 2023 ashish Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No