(1.) LANDLORD -respondent Piao Dharamshala Ganga Sahai Wali, a trust (hereinafter referred to as the landlord respondent) filed an application for fixation of fair rent through its Muntzim (Manager) Shri Gopi Chand against tenant petitioner Bimla Devi (hereinafter referred to as the tenant-petitioner.
(2.) DURING the pendency of the application for fixation of fair rent before the Rent Controller, Gopi Chand Manager of the landlord-respondent died. Instead of bringing on record another Muntzim (Manager) of the trust to represent the landlord which is a duly constituted trust, legal representatives of Gopi Chand i.e. his wife, sons and daughters were brought on record. This order of the Rent Controller dated 19.1.1988, was challenged by the tenant in C.R. No. 98 of 1988. The revision petition was allowed by S.S. Sodhi, J. on 23.10.1989 in the following terms :-
(3.) THE plea taken in the revision is that in C.R. No. 981 of 1988, the order of the Rent Controller dated 19.1.198, bringing on record the legal representatives of Gopi Chand has been declared to be illegal as the legal representatives of Gopi Chand, could not be brought on the record in the absence of appointment of any Manager or representative by the management of the trust. S.S. Sodhi, J. set aside the order of the Rent Controller and remitted the case back to the trial Court for deciding the application in accordance with law. The natural consequence of the order of this Court in C.R. No. 981 of 1988 decided on 23.10.1989 would be that both the orders i.e. passed by the Rent Controller on 20.4.1989 and that of the Appellate Authority dated 29.9.1989, have to be set aside. The Rent Controller is to re-decide the application for fixation of fair rent after bringing on record the legal representatives of the Trust afresh and proceed therefrom to decide the application for fixation of the fair rent. Once the order dated 19.1.1988, passed by the Rent Controller for bringing on record the legal representatives of the landlord has been set aside with a direction to re-decide the said application in accordance with law, all subsequent orders passed by the Rent Controller and the Appellate Authority have to be set aside.