SHAKUNTALA RAO Vs. UMA GUPTA

JUDGEMENT

(1.) THE applicants are aggrieved by order dated 26.12.2002 passed by the Rent Controlling Authority, Raipur in Case No. 17/90 (8) 89-90 (Dr. Uma Gupta and Ors. v. Smt. Shakuntala Rao and Ors.) whereby the Rent Controlling Authority has ordered eviction of the applicants from the demised house on the ground of bonafide requirement of the landlord-non-applicant No. 1.

(2.) SHRI B.P. Sharma, learned Counsel for the applicants submitted that after passing of the impugned order, the landlady Smt. Uma Gupta-non-applicant No. 1 has alienated the demised house and therefore, it results in completely wiping of the cause of action itself and deprives the transferee of the right to execute the order for eviction passed by the Rent Controlling Authority. It was contended that in an order for eviction under Section 23 of the Accommodation Control Act, the cause of action is personal to the original landlord and the bonafide requirement of landlord ceased to exist on alienation of the demised premises.

(3.) THE only point that requires consideration in this revision is whether in view of the subsequent events, i.e. the alienation of the demised house by the landlady, the order for eviction of the tenant is liable to be set aside.