G.L. DHARA Vs. GURMEET KAUR

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the Rent Control Tribunal dated 9th September 1985 where by an appeal filed by the appellant against the order of the Additional Rent Controller dated 2 and August 1985 allowing two applications; one by respondent no. 1 for substitution as legal heir in place of the deceased petitioner-Nanak Singh in the eviction petition and the other by respondents 2 & 3 for being substituted as petitioners alongwith respondent no. 1 was dismissed.

(2.) THE admitted facts of the case are as follows :-

(3.) IT was contended by the learned counsel for the appellant that in the statement made before the Additional Rent Controller respondent no. 1 specifically stated that in view of the sale of property, she has no interest left in the relief sought for in the petition and, therefore, since at the time of the passing of the order by the Additional Rent Controller right to sue did not survive in favour of respondent no. 1, her application should have been dismissed. It was submitted that since respondent no. 1 was not impleaded as a party in place of the original petitioner at the time of executing the sale deed in favour of respondents 2 and 3, these two respondents also could not have been brought on record and their application under Order 22, Rule 10 of the Code of Civil Procedure should also have been disallowed. In support of his contention, learned counsel referred to Zira Singh and others v. Hazari and Others, AIR 1970 S.C. 1066, Goutami Devi Sitomony v. Madhavan Sivarajan, AIR 1977 (Kerla) 83, Julumdhari Rai and Others v. Devi and Others, AIR 1965 (Patna) 279 and Gobardhan Mukharji v. Saligram Marwari and Ors. AIR 1936 (Patna) 123.