FIRM LAKHPATI RAI SURESH CHANDRA Vs. BHAGWAN DAS

JUDGEMENT

(1.) Heard Sri Atul Dayal, learned counsel for the petitioners.

(2.) This writ petition has been filed for issuing a writ of certiorari quashing the impugned order dated 24.9.2014 passed by the learned Civil Judge (JD), Gazipur in Misc. Case No. 14 of 2010 (Lakhpati Rai Vs. Bhagwan Das ), by which the petitioners' application no. 3(ga) for depositing the rent has been rejected.

(3.) The facts giving rise to this case are that one late Lakhpati Rai was the original tenant of the accommodation in dispute and he has been depositing the rent in a proceeding under Sec. 30 of the U.P. Act No. 13 of 1972. Late Lakhpati Rai had executed a will on 20.10.2008 of his movable and immovable property in favour of the present petitioners. Lakhpati Rai died on 23.1.2010. After his death, the petitioners have filed an application seeking permission of the court to deposit the rent on the basis of the will. The court below has rejected the application on the ground that by way of will, tenancy cannot be transferred, therefore, the applicants-petitioners cannot be permitted to deposit the rent of the accommodation in dispute.