CHANDRA BHAN JAIN Vs. MADAN LAL

JUDGEMENT

(1.) THIS second appeal arising out of a suit for eviction was filed by the defendant Chandra Bhan Jain against whom a decree for eviction has been passed on the ground of sub-letting and parting with possesion of the premises under clause (e) of Sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as the Act' ).

(2.) DURING the pendency of this appeal, the appellant, Chandra Bhan Jain, died on 3rd September, 1986. On 28th November, 1986 an application was submitted under Order 22 Rules 3&4 C. P. C. for substitution of the regal representatives of the deceased appellant. The said application was submitted by the widow and the three daughters and two sons of the deceased appellant and his two brothers. The said application was allowed by order dated 12th March. 1987 and the legal representatives as mentioned in the application have been brought on record as appellants. The respondent raised an objection with regard to the maintainability of this appeal after the death of the appellant Chandra Bhan Jain in the application dated 26th July, 1986 submitted by him regarding early hearing of appeal and has submitted that the appeal relates to commercial premises which were not in the occupation of the legal representatives of the deceased appellant, Chandra Bhan Jain and that at the time of the death of appellant Chandra Bhan Jain, the premises were not in possession of Chandra Bhan and the Chandra Bhan and his family members have been living at Jaipur at C-20 Chandra Nagar, Jaipur and that none of the legal representatives of deceased Chandra Bhan Jain was at the time of the death of deceased Chandra Bhan carrying on business in the disputed premises.

(3.) IN view of the aforesaid decision of the Supreme Court it is necessary to examine as to whether the Act confers any protection to the heirs of the tenant after his death. Section 3 (vii) of the Act defines the expression "tenant" to mean as under :- "3 (vii)', Tenant" means - - (a) the person by whom or on whose account or behalf rent is, or but for a contract express or implied should be payable fur any premises to his landlord including the person who is continuing in its possession after the termination of his tenancy otherwise than a decree for eviction passed under the provision of this Act; and (b) in the event of death of the person as is referred to in sub-clause (a), his surviving spouse, son, daughters and other heir in accordance with the personal law applicable to him who had been, in the case of premises leased out for residential purposes, ordinarily residing and in the case of premises leased out for commercial or business purposes, ordinarily carrying on business with him in such premises as a member of his family upto his death. "