GANDHI VIDYA KENDRA JUNIOR HIGH SCHOOL THROUGH ITS MANAGER AND ANOTHER Vs. KISHAN CHAND SHARMA (DEAD) AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. Brief facts of the case are that respondent late Kishan Chand Sharma moved an application under section 21(8) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against the petitioners before the Prescribed Authority, Muzaffarnagar for enhancement of the rent of the accommodation in question. It was registered as Case No. 22 of 2001 and was contested by the petitioners by filing their objections.

(2.) After going through the, record and hearing the parties, the Prescribed Authority/City Magistrate, Muzaffarnagar allowed the said application vide his order dated 23.9.2005. Aggrieved, the petitioners filed Rent Control Appeal No. 12 of 2005 before the Court of District Judge, Muzaffarnagar.

(3.) During the pendency of the appeal, the sole applicant Kishan Chand Sharma expired on 28.6.2009. One of the sons of late Kishan Chand Sharma informed the Court about his death and the legal heirs of the deceased-landlord. Petitioners moved an application under Order XXII, Rule 4 read with section 151 of Code of Civil Procedure for substituting the legal heirs of late Kishan Chand Sharma, which was allowed vide order dated 4.3.2010 by the Court below and respondent Nos. 1/1 to 1/8 were substituted as his legal heirs and representatives. Petitioners also moved an application (129-C) stating therein that during his lifetime, Kishan Chand Sharma, had disowned his son Subhash Chand Sharma, his wife Kamna Sharma along with his two sons from his property.