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Mool Chand vs Rajendra Kumar Saxena and Others

Allahabad High Court · Decided on 21 May 2001 · Citation: (2001) 05 AHC CK 0083

HON’BLE JUDGES
B.K.Rathi, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(1)(a)
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Writ Petition No. 14281 of 2001
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Judgment

5 paragraphs · 235 words

B.K. Rathi, J.—The respondent No. 1 filed PA. Case No. 43 of 1999 under Section 21 (1) (a) of U.P. Act No. XIII of 1972. During the pendency of the case, the respondent No. 4 Smt. Dhooma died. The respondent No. 1, therefore, moved an application that the deceased may be noted against her name as her heirs are already on record. The petitioner alleged that Smt. Dhooma has also left daughters as her heirs and they should also be impleaded. The Prescribed Authority by order dated 122001 allowed the application of respondent No. 1 and ordered that the deceased be noted against the name of Smt. Dhooma. He held that the daughters are not required to be impleaded. Aggrieved by it, the present petition has been preferred.

2.

I have heard Shri R.P. Tiwari, learned counsel for the petitioner and Sri S.S. Nigam, learned counsel for respondent No. 1.

3.

Sri S.S. Nigam, learned counsel for respondent No. 1 has stated that he has no objection in the petition being allowed; that he is ready to implead the daughters of the deceased as opposite parties also.

4.

Accordingly, the petition is allowed. The trial Court will permit the respondent No. 1 to implead the daughters of the deceased Smt. Dhooma as opposite parties and thereafter will proceed with the case expeditiously as it is very old matter.

5.

The petition is disposed of finally.