(1.) IN this case counter and rejoinder affidavits have already been filed by the parties. As desired by the parties, this petition was heard and is being disposed of finally at this stage.
(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 31.8.2000, contained in Annexure-4, passed by the respondent No. 1 in Rent Appeal No. 58 of 1994 rejecting the objection filed by the petitioners and for a direction in the nature of mandamus commanding the opposite party No. 1 to substitute Madhuri Devi in place of Kamla Devi, deceased, as her heir legal representative in Rent Appeal No. 58 of 1994.
(3.) LEARNED Counsel appearing for the petitioners vehemently urged that the building in question is a business premises, therefore, in relation thereto it was necessary to implead all the hires of the deceased. As one of the heirs, Smt. Madhuri Devi was not sought to be impleaded, the application was defective and the appeal as against her shall be deemed to have been dismissed and the order passed by the Prescribed Authority as against her became final. On the other hand, learned Counsel appearing for the contesting respondent, submitted that it was not necessary to implead Smt. Madhuri Devi as one of the appellants as she was married daughter and had no share in the tenancy right, if at all her status was that of a joint-tenant.