PANNA LAL SADHU RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) The facts giving rise to the filing of the present civil revision petition are that one Dev Jit filed an application for eviction of the petitioner under Section 13-A of the East Punjab Urban Rent Restriction Act (for short and'the Actand') on the ground that he was a specified landlord. After the filing of the application, the aforesaid Dev Jit died on 5/03/1989. Shrimati Kamla Devi filed an application for being impleaded as legal heir of her deceased husband Dev Jit on the ground that she was the widow of Dev Jit and that she was dependent upon him. The application was contested. Under the impugned order passed on 25/05/1989, the widow of the deceased Dev Jit has been allowed to be impleaded as legal heir of her deceased husband by placing reliance upon the proviso to Section 13-A of the Act which clearly specifies that the widow of the deceased-landlord dependent upon her husband is entitled to make an application.

(2.) At the time of admission of the revision petition it was sought to be contended by the counsel for the petitioner that in any case the Rent Controller did not record any evidence in order to find out whether Kamla Devi was the widow of the deceased or not. The counsel for the respondent has brought to my notice a copy of the order passed by the Appellate Authority, Ludhiana, on 14/09/1989, according to which the counsel for the petitioner did not contest the report of the Rent Controller bringing Kamla Devi, widow of the deceased, as legal representative in an appeal pending before the Appellate Authority. The order was passed by the Appellate Authority when the petition before this Court was pending. The following order was passed by the Appellate Authority :-

(3.) In view of the above mentioned factual position, it would be a futile exercise if the case is remanded for giving a finding after recording evidence on the point whether Shrimati Kamla Devi is the widow of Dev Jit or not particularly when an affidavit has been filed by Kamla Devi respondent that she was the widow of Dev Jit and that she was dependent upon her deceased husband.