KRISHNA PRAKASH Vs. DILIP HAREL MITRA CHENOY

JUDGEMENT

(1.) This is an appeal arising out of a Judgment and decree dated 5/1/1996, passed by the Court of an Additional District Judge, Delhi in a suit for ejectment and mesne profits.

(2.) Facts emanating from the pleadings are that late Dr.Suraj Prakash was a tenant in respect of entire ground floor, in addition to one garage and two servant quarters, of 20, Sunder Nagar, New Delhi at a monthly rent of Rs.1,000.00 exclusive of water and electricity charges. The said premises were leased out to him by Smt.Shanta Simha Chenoy, the owner of the premises, on 2/11/1963. By a notice dated 10/10/1969, the tenancy of late Dr.Suraj Prakash was terminated w,e.f.30/10/1969. Late Dr.Suraj Prakash responded to the notice with his reply dated 27.10.1969 thereto and did not vacate the premises.

(3.) On 30/4/1971, an eviction petition under Section 14(1)(B) & (J) of the Delhi Rent Control Act, 1958(for short 'Rent Act'), was filed by Smt.Shanta Simha Chenoy against late Dr.Suraj Prakash. During the pendency of the eviction petition, Dr.Suraj Prakash died on 6/6/1972. He was survived by Smt.Krishna Prakash(widow), appellant No.l, Satikshan Prakash(Son), Ms.Renu Prakash(unmarried daughter) appellant No.2, and Ms.Nandini Prakash(daughter). On the death of Dr.Suraj Prakash, an application under Order XXII Rule 4 CIVIL PROCEDURE CODE was made by Smt.Shanta Simha Chenoy for bringing the legal representatives of the deceased tenant on record. Eventually, the eviction petition was dismissed on 26/2/1973 by the Additional Rent Controller concerned on the ground that after the death of the tenant, the statutory protection enjoyed by him after termination of his tenancy came to an end and as, such protection was personal to him and could not extend to his legal representatives, the proceedings stood abated.