SURATYOMAL SINDHI Vs. PRADEEP KUMAR JAIN

JUDGEMENT

(1.) This revision has been preferred by the applicant against order dated 23.3.2006 passed by the Rent Controlling Authority, Khandwa in Case No. 1-A/90(7) of 2005-06 allowing the application preferred by the non-applicant Pradeep Kumar to be substituted by the legal representatives of the deceased landlady Smt. Chandabai in the proceedings before the rent Controlling Authority.

(2.) The counsel for the applicant had made a request that the matter be referred to Division Bench since there are two contrary views expressed by the learned Single Judge of this Hon'ble High Court on the question of the right of legal representatives to be substituted in place of the deceased landlord who has filed eviction proceedings before the Rant Controlling Authority under Section 23-J of the M.P. Accommodation Control Act.

(3.) The learned Single Judge in the matter of Smt. Jarina Vs. Smt. Hazzanibai & Another, 2001 2 MPJR 326 has held relying on Shanti Lal Jain Vs. Narendra Kumar,1990 MPACJ 86 & Santosh Vs. Joseph and another, 1999 2 MPJR 19 that "the bonafide requirement is for profession of the plaintiff and the requirement does not survive on the death of the plaintiff and so also a landlady in the specified category (window) filed an application for eviction, after her death the Legal representatives cannot continue with the application since the bonafide requirement would come to an end on the death of the landlady.