JAGDISHBHAI J DESAI Vs. VIDYABEN RAMBHAI PATEL

JUDGEMENT

(1.) The applicant of C. A. Nos. 5143 and 5144 of 1992 is the original petitioner in C.R.A. No. 1014 of 1988. The said revision application was admitted by the learned single Judge of this Court on 29/09/1988. It appears that Vidyaben Rambhai Patel instituted Rent Suit No. 1078 of 1986 against the present applicant for his eviction from the suit premises consisting of three rooms, kitchen, gallery on the first floor. The trial Court by its judgment and decree, dated 16/08/1982 passed decree for eviction in favour of land-lady and against the present applicant. Aggrieved by the aforesaid judgment and decree the present applicant preferred Reg. Civil Appeal No. 282 of 1982 in the District Court at Baroda which dismissed the appeal by its judgment and decree, dated 30/07/1988. Against the said judgment and decree passed by the District Court the aforesaid Civil Revision Application is filed in this Court which is admitted and is pending for final hearing.

(2.) During the pendency of the said revision application the land-lady- Vidyaben Rambhai Patel has expired on 5/02/1991. One Khevinaben Rambhai Patel claims to be the heir and legal representative of aforesaid Vidyaben Rambhai Patel under a will executed by Vidyaben.

(3.) Said Khevinaben R. Patel had filed Misc. C. A. No. 1575 of 1992, inter alia, praying that since the heirs and legal representatives of deceased Vidyaben are not brought on record within the prescribed period of limitation the C.R.A. No. 1014 of 1988 has abated and that writ to that effect should be issued to the trial Court as well as to the District Court.