M KARTHEESWARAN Vs. R ESWARAN

JUDGEMENT

(1.) AS amended by Act 23 of 1973 and Act 1 of 1980 against the fair and decreetal order dated 30.10.2006 made in RCA No.8 of 2006 on the file of the I Additional Sub Court, Erode, reversing the fair and decreetal order dated 1.2.2006 made in I.A.No.46 of 2005 in RCOP No.1 of 2004 on the file of the Rent Controller/Principal District Munsif, Erode.) Challenge is made to an order of the Rent Control Appellate Authority in RCA No.8 of 2006 whereby an order of the Rent Controller of the said place in I.A.No.46 of 2005, an application to set ASide an order of dismissal of RCOP No.1 of 2004, wAS reversed, and the application wAS dismissed.

(2.) THE Court heard the learned Counsel on either side.

(3.) CONTRARY to the above, it is contended by the learned Counsel for the respondent that the respondent is equally entitled to the property like the petitioners; that it is true that in the course of the affidavit, the petitioners averred that there was a Will executed by Chinnammal; but, the Will was not proved in any way; that the Rent Controller has acted on the averments and the copy of the Will being produced, in the absence of any proof or evidence; that in the first instance, the petitioners should have proved that they are competent to prosecute the matter as the legal representatives of Chinnammal; but, they have not done so; that under the circumstances, the Rent Controller should have dismissed the application in I.A.No.46/2005 and instead, allowed the same; that so far as the other applications are concerned namely I.A.No.47 and 48/2004, they are all only consequential reliefs; that so long as the petitioners were not able to show that they were the legal representatives of Chinnammal, then the RCOP should not be further proceeded with; that under the circumstances, the appellate forum has reversed the order of the Rent Controller and hence, that order has got to be sustained and the revision be dismissed.