NANAK SINGH Vs. AJAY KUMAR MAHAJAN

JUDGEMENT

(1.) Bishan Dass was a tenant of the petitioner on shop No. 1365/III situated at Chowk Baba Bhouriwala, Amritsar, at a monthly rent of Rs. 15/- in which he was running a Ration Depot. The petitioner sought his ejectment from the demised premises on various grounds, but the Rent Controller, Amristar, vide his order dated 22.4.2006, dismissed the ejectment petition which was challenged by the petitioner by way of an appeal dated 09.5.2006.

(2.) During the pendency of the appeal, tenant Bishan Dass expired on 28.10.2008. According to the petitioner, Bishan Dass was issueless and his wife had predeceased him. Therefore, he had no legal representative. The petitioner filed an application before the Appellate Authority on 27.4.2009 under Order 22 Rule-4-A of Code of Civil Procedure, 1908 (for short,CPC) to appoint an officer of the Court to represent the estate of the deceased tenant and hand over vacant possession of the demised premises to him. On that date, the respondent filed an application to be impleaded as a legal representative of tenant Bishan Dass claiming himself to be his nephew. He also claimed his right by way of a Will dated 20.7.2007, purported to have been executed by tenant Bishan Dass in his favour.

(3.) The Court below, vide the impugned order dated 5.2.2010 dismissed the application of the petitioner and allowed the respondent to be impleaded as a legal representative of the deceased tenant Bishan Dass.