GORDHAN LAL Vs. PANNA LAL

JUDGEMENT

(1.) THIS is a tenant's second appeal in a suit for ejectment based on the ground of personal necessity. The sole tenant appellant Gordhan Lal has died and an application has been made on behalf of Shankerlal, his nephew; Rajendra Kumar s/o Shankerlal and Ambalal s/o Jagannath Tailor to be impleaded in his place. It is alleged that Shankerlal being the real nephew of the deceased, is his heir, Rajendra Kumar s/o Shankerlal was working with the deceased appellant in the suit premises which is a shop and Ambalal s/o Jagannath Tailor was also working with him as his associate in the disputed shop and, therefore, they are entitled to continue the appeal as the right to sue survives to them.

(2.) THE application has been opposed on behalf of the respondents.

(3.) ON the death of Gordhanlal the right to continue the appeal would survive only in favour of a person who can be deemed to be a tenant after the death of Gordhan Lal. Under Section 3(vii) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (here in after referred to as the 'Act') tenant has been defined and clause (b) reads as under: Clause (b) III. In the event of death of the person as is referred to in sub -clause (a): (i.e. as tenant both contractual as well as statutory).