SHARWAN KUMAR Vs. SHANTA

JUDGEMENT

(1.) THE landlord-respondent Smt. Shanta filed the ejectment application against her tenant Dr. C.M. Gupta. The tenant died on 16th February, 1984, during the pendency of the litigation. No steps were taken by the landlady to bring the legal representatives of the deceased tenant on record. However, application dated 4th August, 1984 was filed on behalf of the legal representatives of the deceased-tenant to bring them on record. This application was contested on behalf of the landlady on the ground that it was barred by time. The learned Rent Controller came to the conclusion that there was no sufficient ground for condoning the delay in moving the application by the legal representatives of the deceased tenant, and, therefore, they could not be brought on record at that stage. Dissatisfied with the same, the legal representatives of the deceased tenant have filed this petition.

(2.) LEARNED counsel for the petitioners submitted that since the petitioners did not know about the pendency of the ejectment application against their father, they could not move the application earlier. In any case, argued the learned counsel, it was the duty of the landlord as well to bring the legal representatives of the deceased tenant on record, as the tenancy was heritable. Moreover, argued the learned counsel, Code of Civil Procedure, as such, was not applicable to the proceedings under the Rent Restriction Act, and, therefore, the question of abatement of the proceedings did not arise.

(3.) THE parties, through counsel, are directed to appear before the Rent Controller on 3rd April, 1986. Revision allowed.