SUNIL KUMAR JAIN Vs. ADBUL KARIM

JUDGEMENT

(1.) THE petitioners have filed this revision petition against the order of the lower Appellate Authority dated April 9, 1986 vide which their application for being impleaded as legal representatives of Amar Nath (deceased) has been rejected and, consequently, the appeal filed by Amar Nath, deceased appellant, held abated.

(2.) BRIEFLY put, Amar Nath, predecessor-in-interest of the petitioners filed appeal against the order of the Rent Controller dated January 27, 1984 before the Appellate Authority, Sangrur. During the pendency of the appeal, Amar Nath died on July 5, 1984. The petitioners, who are his grand sons, claimed to have succeeded to the estate of the deceased on the basis of Will dated March 9, 1973, and filed an application on September 7, 1984, for being impleaded as legal representatives of deceased Amar Nath - the appellant. Another application claiming themselves to be the legal representatives was filed by Shrimati Norati Devi, widow, Shrimati Padma Devi, Shrimati Sudesh Jain and Shrimati Nirmal Aggarwal, daughters, on January 25, 1985. The Appellate Authority instead of holding a summary enquiry as to the respective claims of each set of local representative chose to hold regular trial to find out as to who of these are entitled to be impleaded as legal representatives of Amar Nath, deceased. The Appellate Authority, proceeding in this manner, finally held that the Will as set up by the petitioner, is not proved; thereby holding that the petitioners have got no right to represent the deceased-appellant. The application filed by Shrimati Norati Devi and others for being brought on record as legal representatives too was dismissed being not within limitation.

(3.) SHRI Arihant Jain has put in appearance on behalf of respondents No. 1 and 2 tenants. Nobody has appeared on behalf of respondent Nos. 3 to 6.