SHRI ANAND KUMAR Vs. SMT. JAMILA BANO

JUDGEMENT

(1.) A challenge has been made to the order dated 30.07.2015, passed by the Appellate Rent Tribunal, Ajmer dismissing an application filed by the petitioners-applicants (hereinafter "the applicants") for impleadment as LRs of the deceased-tenant Madanlal Chauhan.

(2.) The facts of the case are that the respondent No.1- landlord, Smt. Jamila Bano (hereinafter "the landlord") filed an eviction petition against the erstwhile tenant one Madanlal Chauhan inter alia on the ground of default covered under Section 9(a) of the Rajasthan Rent Control Act, 2001 (hereinafter "the Act of 2001"). The eviction petition was allowed, a certificate of possession issued in favour of the landlord and a direction was issued for the eviction of the tenant Madanlal Chouhan. Aggrieved Madanlal Chouhan filed an appeal under Section 19 of the Act of 2001 before the Appellate Rent Tribunal. During the pendency of the appeal, he expired.

(3.) At that stage, the applicants along with their mother Smt. Mohini Devi moved an application to be taken on record as LRs of deceased-tenant Madanlal Chouhan. Madanlal's wife Smt. Rekha and her minor children also moved a separate application for being taken on record as LRs of the deceased-tenant Madanlal Chauhan. The landlord on her part moved an application praying that the applicants' appeal against the judgment dated 06.10.2012, passed by the Rent Tribunal be dismissed as having abated as Madanlal Chauhan had died on 02.10.2013 and the application for taking on record the LRs of the Madanlal Chauhan was moved after a period of 90 days from his death.