KESAR DASS Vs. SHRIMATI CHAMELI DEVI

JUDGEMENT

(1.) This petition for revision stands concluded by the decision of the Supreme Court in Jagdish Chander Chatterjee and others V/s. Shri Sri Krishan and another, 1972 RCR(Rent) 675. The Rent Controller as well as the Appellate Authority have held that the landlords required the premises bona fide for their personal use. During the pendency of the appeal by the tenant, the tenant died and his legal representatives applied to be impleaded. It appears that no order was passed on their application but they were heard and after hearing them the decision of the Rent Controller was affirmed by the Appellate Authority. The legal representatives have now filed the present petition for revision challenging the appellate order. As regards the merits of the case, the decision of the Rent Controller as well as the Appellate Authority cannot be interfered in revision. The decision being on a question of fact is binding in revision particularly, when it is based on evidence.

(2.) Mr. B.S. Gupta, learned counsel for the legal representatives, has raised a novel contention. The contention is that on the death of the tenant, the legal representatives were merely trespassers and, therefore, the rent proceedings came to an end and the landlords should be directed to file a regular civil suit to evict the trespassers. I am unable to agree with this contention. This contention is fully answered in the Supreme Court decision in Jagdish Chander's case .

(3.) For the reasons recorded above, this petition fails and is dismissed. There will be no order as to costs.