FATIMA SULTANA Vs. MUJAFFAR ALI ASRAF

JUDGEMENT

(1.) HEARD .

(2.) IT is not in dispute that Mohammed Ali, the husband of the applicant No. 1 Smt. Fatima Sultana, since retired from service, had filed an application under Section 23-A of the Chhattisgarh Accommodation Control Act (hereinafter referred as the "Act") before the Rent Controlling Authority.,Dhamtari (hereinafter referred to as the R.C.A.) for eviction of the tenant on the ground of bonafide requirement for residence. During the pendency of the proceedings before the R.C.A., Mohammed Ali died and the applicant Smt. Fatima Sultana and her two daughters and a son were impleaded as Legal Representatives of Mohammed Ali. By the impugned order, the learned R.C.A. has dismissed the application under Section 23-A of the Act on the ground that after the death of Mohammed Ali, no cause of action survived in favour of the widow Fatima Sultana and her daughters and son.

(3.) SHRI Sanjay Patel, learned counsel for non-applicant does not oppose this Civil Revision and conceded that the order passed by the R.C.A. was not in conformity with law.