BIMLA DEVI Vs. PIAO DHARAMSHALA GANGA SAHAI WALI

JUDGEMENT

(1.) The challenge in revision here is to the order of the Rent Controller, bringing on record the legal representatives of Gopi Chand deceased, the Manager of Piao Dharamsala Ganga Sahai Wali Trust (hereinafter referred to as 'the Trust') through whom an application for fixation of fair rent had been filed against the tenant Bimla Devi. During the pendency of the proceedings, the said Gopi Chand - the Manager of the Trust died and on his death, an application was made for bringing on record as his legal representatives - his sons.

(2.) It will be seen that the application for fair rent had been filed by Gopi Chand in his capacity as Manager of the Trust and therefore, the person who could have been impleaded as his legal representative, was the person authorised by the Trust to carry on these proceedings on its behalf. The natural heirs of the said Gopi Chand cannot, by virtue of their mere relationship with Gopi Chand answer to this description. There is no material on record to show that the sons of Gopi Chand had been so empowered by the Trust after his death. This being so, the Rent Controller clearly fell in error in impleading the sons of Gopi Chand as his legal representatives in these proceedings.

(3.) The impugned order of the Rent Controller is accordingly hereby set aside. The Rent Controller shall now decide the application before it in accordance with law. This revision petition is thus accepted. There will, however, be no order as to costs.