LAKSHMI DEVI Vs. MEHTA THAKUR DASS

JUDGEMENT

(1.) THIS civil revision is directed against the order of the Appellate Authority whereby the application of the petitioner to bring on record legal representative of the deceased tenant was dismissed.

(2.) RESPONDENT (landlord herein) filed ejectment petition against Nahro Devi claiming her ejectment from the premises in dispute. Rent Controller, on contest, dismissed the ejectment petition. Landlord preferred appeal before the Appellate Authority.

(3.) THE view taken by the Appellate Court is no mores sustainable as Daljit Singh's case (supra) stands overruled by a Full Bench decision of this court in Harish Chander and others v. Kirpa Ram, 1986 (1)RCR 545 : 1986(1) P.L.R. 164 wherein it was held that "tenancy in respect of a non-residential building' as defined in Section 2(d) of Act, in the event of the death of the tenant devolves on the heirs of the deceased tenant in accordance with the general law of applicable to the tenant and the heirs who step into the shoes of the deceased tenant continue to enjoy the protection afforded by the Haryana Urban (Control of rent and Eviction) Act, 1974.