POONAM CHAND BHATI Vs. CHHOTI DEVI AND ORS.

JUDGEMENT

(1.) INSTANT petition has been preferred under Article 226 of the Constitution of India in order to assail the order dated 26.09.2015, whereby Rent Appellate Tribunal, Jaipur Metropolitan, Jaipur (herein after referred as 'Rent Tribunal') condoned the delay in filing of application under Order 22 Rule 3 of Code of Civil Procedure, 1908 and ordered substitution of legal heirs of Chhoti Devi, deceased/appellant to appeal bearing No. 103/2013.

(2.) CHHOTI Devi, being landlady preferred an application under Sections 9 & 10 of the Rajasthan Rent Control Act, 2001 (herein after referred as 'Act of 2001') before Rent Tribunal for eviction of the petitioner from the shop situated in House bearing No. 858 Ankado -ka -rasta, Kishanpole Bazar, Jaipur on the ground of personal -bonafide -necessity and default in payment of rent.

(3.) MR . Mahesh Chand Gupta, the learned counsel appearing for the petitioner, has contended that as per provisions of Code of Civil Procedure, 1908, after expiry of period of ninety days, the appeal has to automatically abate. It is urged on behalf of the petitioner that the application filed by legal heirs, after one -year & twenty -four days of the death of Chhoti Devi was barred by period of limitation and, hence, a grave error has been committed by the Rent Tribunal to accept the application filed by the legal heirs.