RAJESH DHAWAN Vs. DARSHAN SINGH SETHI

JUDGEMENT

(1.) THIS short order is intended to dispose of C.M.P. (M) No. 201 of 1984 made under Order 22 Rules 3 and 11 read with Section 151 CPC in Civil Revision No. 61 of 1976 filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949, hereinafter referred to as 'the Act'.

(2.) THE C.M.P. in question came to be filed in the following circumstances. Shri K.L. Dhawan, the sole petitioner in Civil Revision No. 61 of 1976 was the tenant under the respondent, Shri Darshan Singh Sethi in respect of the premises known as set No. 2 Argyle House, Shimla. The respondent-landlord brought an action before the Rent Controller, Shimla, for ejectment of Shri K.L. Dhawan from the said premises on the solitary ground of non-payment of arrears of rent. The action was brought under Section 13 of the Act. The tenant, that is, Shri K.L. Dhawan contested that action of the landlord. He denied if he was in arrears of rent and as such liable for ejectment. His plea, however, did not find favour with the Rent Controller who ordered his ejectment as claimed by the landlord. On appeal the Appellate Authority maintained the order of ejectment against Shri Dhawan as passed by the Rent Controller. Shri Dhawan thereafter approached this Court in revision under Section 15(5) of the Act.

(3.) THIS application has been opposed on behalf of the respondent-landlord. The sole contention raised on behalf of the respondent in opposing this CPM is that Shri K.L. Dhawan, being a statutory tenant, had no heritable interest in the demised premises like the one held by a contractual tenant and on his death, therefore, the right to prosecute the revision petition does not survive to his heirs or legal representatives.