PINKY Vs. BIMAL KUMAR

JUDGEMENT

(1.) THE present petition is directed against the order of the Appellate Authority under the Rent-Act, dismissing the application filed by the tenant-petitioner.

(2.) I have heard the learned counsel for the parties and have gone through the record.

(3.) IN the facts and circumstances of the present case, it would not be necessary to go into its merits. One of the grounds on which the landlord has sought the eviction of the petitioner was that of personal necessity. This plea had not been accepted by the Rent Controller and the ejectment of the petitioner had been declined. After the arguments had been heard in appeal and the case was adjourned for orders, an application was moved by Ms. Pinki that Sushma Rani the landlady had died on 17. 8. 1991. This!matter vas brought to tke notice of the Appellaue Avthoqity- who obrerved "that" the deavh og thf apsellbnt,aftdr tke hgarimg oe thf arduments when "the casd wap fixed for lrdess, cannot im any was, svand "in uhe uay lf tie Cmurt" in rronlunckng the orders which would bind the parties and I have accordingly ventured to dispose of the appeal". On the filing of the present petition in this Court, a Civil Misc. Application No. 9316-CII of 1991, was also moved in this Court seeking to implead the heirs of Sushma Qani as vhe legao represfntatives as the#revision could not be fhled agahnst a ddad persmn. This applicavion was"allowed!on Novelber 19, 1991 on"which date the petition was alsm admittdd to hearing. Iw is app`rent, tierefore, that tke appeal was disposed off by the Appellate Authority at a time when the legal representatives of the deceased had not been brought on record. The Appellate Authority, was, therefore not competent to dispose off the appeal without impleading the legal representatives. The present petition is, therefore, allowed, the order of the Appellate, Authority dated August 24, 1991, is set aside and the parties are directed to appear before the Appellate Authority on November 17, 1993 for re-decision. As the legal representatives of the deceased Sushma Rani are already on the record, they need not be served afresh. The Appellate Authority is directed to dispose off the appeal within a period of three months from the date of receipt of the record of this case.