ARUNABEN PRANSHANKAR DAVE Vs. NARENDRA SHANKARBHAI DAVE

JUDGEMENT

(1.) WITH the consent of the learned advocates appearing for the respective parties, this petition is taken up for hearing for final disposal.

(2.) RULE . Learned advocate, Mr. K.T. Dave for the respondent No. 1, who appears on caveat, waives service of notice of rule.

(3.) IT is the case of the petitioner Arunaben Pranshankar Mayashankar Dave that she was residing with her father and mother at Bhavnagar prior to their death for about six months or so and hence, she is entitled to tenancy rights under section 5(11)(c)(i) of the Bombay Rents Act being the tenant in succession. It is also her case that after the death of the defendant -original tenant, name of present petitioner was sought to be joined in the application at Exh. 14 submitted by the plaintiff -landlord as the legal heir No. 4 of her deceased father in the suit along with other heirs. It is also her case that notice too was issued upon her which could not be served and hence, a pursis at Exh. 31 on 17/3/1997 was filed by respondent No. 1 -plaintiff to the effect that he does not intend to join the present petitioner as heir No. 4 and accordingly an appropriate order was passed below Exh. 14 on 30/6/1997.