HARISH CHAND Vs. KIRPA RAM

JUDGEMENT

(1.) THE facts giving rise to the present revision petition have been set out elaborately in the Full Bench judgment dated 19.12.1985 and need not be restated here. All that is required to be added is that on the death of Om Parkash tenant, the application for bringing on record his legal representatives which was filed before the Appellate Authority, Faridabad was by two sets of the applicants who are the petitioner herein. Petitioner No. 4 to 6 are the son, nephew and widow of Babu Ram brother of the deceased. The claim that they along with the deceased constituted a partnership styled as Bhagwan Das Om Parkash and their firm was the tenant of the shop in dispute. Their contention was that on the death of Om Parkash, they as the remaining partners constitute the partnership and therefore, are the tenants in the premises. THis claim was repelled by the learned Appellate Authority. It rightly observed that Om Parkash was a tenant in his individual capacity and even if in the course of tenancy, he inducted any one as a partner in the business, the firm thus constituted was not the tenant. The learned counsel for the petitioners has advisedly not pressed the claim on behalf of petitioners No. 4 to 6 for bringing them on record as the appellants in place of Om Parkash in their capacity as partners with him. This claim, therefore, need not be adjudicated.

(2.) IN the Full Bench judgment it has been held that the conditions and order of inheritance of tenants which find place in section 2(h) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Haryana Act) read with schedule appended thereto, are limited in their application to a residential building. The tenancy in respect of a 'non-residential building', in the event of the death of the tenant, devolves on the heirs of the deceased-tenant in accordance with the general law of succession applicable to the tenant and the heirs who step into the shops of the deceased-tenant and they continue to enjoy the protection afforded by the Haryana Act. In view of the law thus laid down, the other set of applicants, that is, petitioners No. 1 to 3 who are sons of the deceased tenant and have the right to inherit his estate, enjoy the protection afforded by the Haryana Act and are, therefore, entitled to be brought on the record as his legal representatives.

(3.) THE parties through their counsel are directed to appear before the Appellate Authority on 23rd February, 1987. Revision petition allowed.