PUSHPA Vs. DEEP SINGH BAKSHI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 19.6.2001 passed by the Rent Controller (II), Shimla in Rent Case No. 72-2 of 1995/93, whereby he has allowed the application filed by the respondent- landlord for bringing on record Smt. Pushpa widow of Sh Nand Kishore as his legal representative.

(2.) AN eviction petition was filed by the respondent- landlord herein, against Sh Nand Kishore. Nand Kishore died on 5.10.1995. Thereafter the respondent-landlord moved an application that since Sh Nand Kishore has died, his widow Smt. Pushpa may be brought on record as the legal representative as she is the only legal representative of the deceased.

(3.) REJOINDER was filed to application in which it was averred that as far as the married daughters are concerned, they were not residing with Nand Kishore and therefore, they have not inherited the tenancy. In respect of the son, it was submitted that even if it is found that he is the son of Nand Kishore, in that eventuality the respondent-landlord has no objection if he is impleaded as legal representative of the deceased.