MAHESH CHAND Vs. NISHAR KHAN

JUDGEMENT

(1.) APPLICANTS by Shri P. C. Chandil, Advocate heard on admission.

(2.) THIS revision application has been filed against the order dated 25-9-2007 passed by Rent Controlling Authority in Case No. 09/03-04/90-7, whereby rent Controlling Authority rejected the application filed by the applicant under section 23-A of the M. P. Accommodation Control Act, 1961 (for short 'the Act')on the ground that landlady Kalawati died during the pendency of the proceedings on 26-2-2007 and, therefore, cause of action does not survive to her heirs.

(3.) THE application under section 23-A of the Act was filed by Smt. Kalawati before Rent Controlling Authority. During the pendency of the application, she died on 26-2-2007. Thereafter an application was filed for bringing her legal heirs on record. The said application was allowed and applicants who are legal heirs of Smt. Kalawati were impleaded before the Rent controlling Authority. The Rent Controlling Authority by the impugned order has stated that applicants do not come within the category of clause (j) of section 23 (sic : section 23-J) of the Act and they do not belong to such category and, therefore, application was not maintainable and dismissed the same relying on the decision of this Court in the case of Santosh Kumar Jaiswal vs. Joseph and another, 1999 (2) MPJR 19. The question involved in this revision is squarely covered by the decision of Santosh Kumar Jaiswal (supra ). Paras-7 and 8 are relevant which reads as under :-