SHOBHA Vs. T S CHELLAPPAN

JUDGEMENT

(1.) The short point that falls for consideration in this revisionpetition is whether on the death of the tenant all the legal representatives have to be brought on record to continue the proceedings or some of the legal representatives who are actually in possession of the rented premises have to be brought on record, or not bringing any one of the legal representatives in the event of the death of the original tenant is fatal to the case that has been set up by the land-lord for eviction.

(2.) In this case, the land-lord filed R.C.C. No. 28 of 1981 on thefile of the Principal District Munsif-cum-Rent Controller, Tirupati, for eviction of the tenant C. Ramachandra. During the pendency of that petition, the sole respondent i.e., the tenant died. The fact of the death of the tenant was intimated to the Court. The land-lord filed M.P.N. 214 of 1987 under Section 5 of the Limitation Act to condone the delay of 30 days in filing the petition to implead all the legal representatives of the deceased tenant viz., his wife and two daughters as respondents 2 to 4.

(3.) The respondents also filed M.P.No. 61 of 1988 under Rule 19 ofthe A.P. Rent Control Rules for impleading them as the Legal Representatives of the deceased tenant. Both the petitions against the third respondent who is one of the daughters of C. Ramachandra were not pressed and the same were dismissed as against the third respondent. The learned Rent Controller condoned the delay of 30 days in filing the petition to implead the L.Rs. and also allowed the petition to implead the tenant's wife and daughter as Respondents in the main case.