R C PATUCK Vs. SALIM MOHAMMED LAKDAWALA

JUDGEMENT

(1.) MR . Naik states that the defendants have been served with a copy of the Chamber Summons through their Advocate and tenders an affidavit of service in that regard.

(2.) THIS Chamber Summons is taken out by Sumermal Mishrimal Bafna and three others, hereinafter referred to as the "applicants" for being transposed as plaintiffs in the above suit.

(3.) THIS Chamber Summons is, therefore, being moved by Sumermal under order XXII rule 4A which provides for appointment of an officer of the Court or such other person as the Court thinks fit to represent the estate of the deceased person for the purpose of the suit. At this juncture, it must be noted that it is settled law vide A.I.R. 1980 Bom. 69 that section 15 of the Bombay Rent Act which prohibits assignment and transfer by a tenant of his interest in the tenanted premises, also prohibits the tenant from making a bequest in respect of his tenancy rights. Thus there is no question of any legatee being able to validly claim that he represents the estate or interest of the deceased tenant in the suit premises, under a will.