PAL SINGH Vs. H D BIRDI

JUDGEMENT

(1.) This petition under Article 226 of the Constitutio of India is directed against the order dated March 31, 1975 passed by Shri H.D. Birdi. Competent Authority (Slum) allowing an application under Section 19(l)(a) of the Slum Aears (Improvement & Clearance) Act filed by Shri Sunder Singh for seeking permission to institute eviction proceedings against the petitioner.

(2.) The facts lie in a narrow compass. Sh. Sunder Singh moved an application under Section 19 of the said Act for permission to institute proceeding for obtaining an order for eviction of the petitioner berein from the premises consisting of three rooms with a court-yard in house No. 22/66, Gali Inder Chamar. Teliwara, Delhi. The tenant filed a written statement raising several objections to the maintainability of the petition. The landlord then filed application. The parties were called upon to file their affidavits and counter affidavits. The Competent Authority appraised the evidence produced by the parties in the form of affidavits, counter affidavits and documentary evidence. The Competent authority concluded that the petitioner herein has not come out with true facts, that he has tried to conceal material information, that he has not come out with clean hands and that the allegations of the landlord were accepted as correct. It was held that the petitioner herein is a person of status and means to acquire alternative accommodation in cage of his eviction from the premises in diipute. The permission sought under section 19(l)(a) of the said Act was granted by the impugned order dated March 31, 1975.

(3.) Shri Sunder Singh died on March 6. 1981 and the property in dispute devolved upon his legal heirs. No application was filed for bringing on record the legal representativeg of the deceased respondent No. 2. The legal heirs then moved an application under Section 151 of the Code of Civil Procedure on or about April 1.1986 for dismissal of the main petition or in the alternative it was prayed that the hearing of the main petition be expedited. The hearing of the main petition was expedited In the meanwhile the tenant moved an application under Section 151 of the Code of Civil Procedure praying inter alia, that though the legal representatives are not required to be brought on the record after the death of late Shri Sunder Singh, the application is being made by way of abundant precaution for impleading the legal representatives.