LAKSHMIAMMAL Vs. V K SIVASUBRAMANIAM

JUDGEMENT

(1.) THIS is a revision at the instance of the legal representatives of the deceased tenant" in R.O.C.P. No. 506 of 1976 filed by the respondent herein for an order of eviction under sections 10 (2) (1) and 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1960, as amended by Act XXIII of 1973 thereinafter referred to as the Act). The respondent initiated proceedings for an order of eviction against one K. P. Subramaniam who was originally a tenant in occupation of the premises. During the pendency of the proceeding K. P. Subramaniam was reported to have died on 2nd September, 1978, and the respondent claimed that he became aware of the death of K. P. Subamaniam only on 7th September, 1978, and therefore the respondent filed an application in I.A. No. 254 of 1978 in R.C.O.P No. 506 of 1976 for impleading the petitioners herein as the legal representatives of deceased Subramaniam with a view to further prosecute the proceedings for eviction initiated by him. That application was resisted by the petitioners herein on the ground that K. P. Subramaniam died on 1st September, 1978, and when the application for eviction was posted on 2nd September, 1978, that fact was reported to the court and therefore the respondent had knowledge of the death of Subramaam even then and the application for impleading the petitioners as the legal representatives was filed after the period of limitation was over and that such an application without impleading other heirs of deceased Subramaniam is also not maintainable.

(2.) THE learned District Munsif, Coimbatore who enquired into this application, found that though the death of K. P. Subramaniam. might have been reported before court on 2nd September, 1978, yet, it had not been established that the respondent, who is a permanent resident of Madurai, had become aware of the death of Subramaniam even on that date and therefore there was nothing improbable in the claim of the respondent that he became aware of the death of K. P. Subramaniam only on 7th September, 1978, and the filing of the application on 5th October, 1978, within thirty days from the date of knowledge of the death of K.P. Subramaniam would be quite in order. It was also further found that even on the footing that the respondent came to know of the death of K. P. Subramaniam on 2nd September, 1978, there was only a delay of three days in filing the application to bring on record the legal representatives of deceased Subramaniam and that could be excused having regard to the circumstance that the respondent is a permanent resident of Madurai. As regards the objection that there are other legal representatives who have to be impleaded, the Rent Controller held that they are not shown to be in possession of the demised premises and therefore need not be impleaded as parties to the application for "eviction. Consequent to these conclusions, the application filed by the respondent to implead the petitioners as the legal representatives of deceased Subramaniam was Ordered. Aggrieved by this the petitioners preferred an appeal in R.C.A. No. 144 of 1979 before the appellate authority (Sub-Court, Coimbatore). THE Appellate Authority held that the Rent Controller was a functionary . under the provisions of the Act with inherent powers and that there was no inordinate delay in bringing on record the legal representatives of deceased Subramaniam and that in such circumstances the Rent Controller had exercised his power in bringing on record the petitioners as legal representatives rightly and therefore no ground for interfering with that order had been made out. On this conclusion, the order of the Rent Controller impleading the petitioners as the legal representatives of deceased Subramaniam was upheld and the appeal was dismissed. It is the correctness of this order that is challenged in this civil revision petition.

(3.) IT may be that the death of K.P. Subramaniam, the original tenant was brought to the notice of the court even on 2nd September, 1978. But even so, it is not established that the respondent became immediately aware of the death of K. P. Subramaniam. IT is not disputed that the respondent is a permanent resident of Madurai. If that is so, in the absence of anything to establish that the respondent was present in court on 2nd September, 1978, and therefore he became aware of the death of the tenant even on that date, it is not improbable that the respondent had known about the death of the tenant only through his counsel some time after the death was reported to court. The definite stand taken by the respondent in the affidavit filed in support of I.A. No. 254 of 1978 is that the death of Subramaniam was reported on 2nd September, 1978 of which he became aware on 7th September, 1978 only. IT has not been, in any manner established that the respondent became aware of the death of Subramaniam earlier to 7th September, 1978. Rule 25 of the Rules framed under the Act provides that every application for making the legal representative or representatives of a deceased person, party to a proceeding under the Act, shall be preferred within one month, from the date of the death of the person concerned or the date of having knowledge of the death of the person, concerned. In the instant case as already stated, the petitioner has been preferred within one month from the date of knowledge of the respondent as regards the death of K. P. Subramaniam. Under these circumstances, the application filed by the respondent to bring on record the petitioners as the legal representatives of deceased K. P. Subramaniam was perfectly in time and rightly ordered as well.