PADAM CHAND VAISH Vs. MADAN GOPAL HAR GOPAL

JUDGEMENT

(1.) This petition seeks to challenge the order of the Additional Rent Control Tribunal dated 28.03.2005 whereby the learned Tribunal has made it incumbent upon the petitioner to serve notice on the legal representatives of Madan Gopal, who according to the Tribunal was one of the partners in the concern M/s Madan Gopal Har Gopal.

(2.) It is contended by counsel for the petitioner that a decree for eviction was passed against M/s Madan Gopal Har Gopal which was taken up in appeal and the Appellate Court held that M/s Madan Gopal Har Gopal had become proprietorship concern and that the legal representatives of Har Gopal having not been brought on record the appeal abates. This judgment has been upheld by the Supreme Court. Counsel, therefore, submits that in execution the parties that are required to be served would be the legal representatives of Har Gopal and not of those persons who do not constitute any part of M/s Madan Gopal Har Gopal.

(3.) Counsel for the respondent contends that a decree has been passed against M/s Madan Gopal Har Gopal as a partnership concern, therefore, the Executing Court is bound to issue notices to all who have an interest in the commercial property and the firm M/s Madan Gopal Har Gopal.