K R MOHAMMAD ALI Vs. MINOR SANTHOSH

JUDGEMENT

(1.) THE respondent in the Rent Control Original Petition No.8 of 1990 is the petitioner herein and he has come forward to institute the above Civil Revision Petition against the fair and decretal Order dated 25.11.1999 made in I.A.No.85 of 1996 in R.C.O.P.No.8 of 1990 passed by the Rent Controller and the I Additional District Munsif, Salem.

(2.) THE original petitioner in the R.C.O.P. is the landlady viz., R. Amsavani Ammal who is reportedly dead. THE second and third respondents herein namely, Minor Santhosh and V.Shiyamala Rani have come to be impleaded as legal representatives of the deceased petitioner R.Amsavani Ammal as per the order dated 25.11.1999 made in I.A.No.85 of 1996 by the court below which is under challenge before this Court.

(3.) SECTION 27 of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as the'Act') would indicate that any application, appeal or proceeding in the event of the death of the party may be continued by his legal representatives. It is under this SECTION only the legal representatives of the deceased have filed the petition concerned seeking the impugned order to implead them as parties to continue the proceeding. While the SECTION is positive in its nature and approach providing for the legal representatives to be brought on record, normally. Courts decide to permit the legal representatives to continue the litigation on the death of the original landlord. In fact, the only point for determination, at this juncture, is whether in the case in hand, on the death of the original petitioner/land lady, the cause of action survives or not so as to allow the legal representatives of the deceased landlady to carry on with the proceedings. SECTION 27 provides for impleading the legal representatives in general.