N S GOPALRAM Vs. S L MAHESWARI

JUDGEMENT

(1.) THE tenant is the revision petitioner. His landlady filed R.C.O.P.No.39 of 1987 on the file the Rent Controller, Melur. During the pendency of the R.C.O.P., the landlady died. On death, the beneficiary under a registered will executed by the landlady sought to implead herself as a person entitled to prosecution the proceedings. THE learned Rent Controller allowed here to be impleaded as a person entitled to prosecute the petition. It is against that, this revision has been filed by the legal representative.

(2.) LEARNED counsel for the revision petitioner contended that without proving the will, not open to the beneficiary under the will to prosecute the eviction proceedings. I do agree with him. The will is a registered one. As such, a prima facie case has been made and the beneficiary under a registered will is entitled to prosecute the eviction proceedings initiated by the testator. In case the tenant feels that the will is a forgery, it is open to take appropriate proceedings attacking the genuineness of the will. Hence I am illegality or irregularity in the order of the court below. The civil revision petition dismissed. V.K. -- Petition dismissed.