Sunita Jain vs Dhyan Chand and Others

J.V. Gupta, J.—This petition is directed against the order of the learned Rent Controller dated 22nd April, 1988, whereby the application for impleading the legal representatives of the deceased-petitioner Raj Kumari was dismissed.

Raj Kumari one of the landlord-petitioners die don 20th October, 1987. Sunita Jain claiming herself to be the daughter of the deceased filed the application for bringing on record the legal representatives of the deceased. The said application was contested by the tenant Dhayan Chand. Sunita Jain appeared in the witness-box in support of her claim and there was no rebuttal thereto. In spite of that learned Rent Controller came to the conclusion that Sunia Jain has failed to prove herself to be the only legal representatives of Raj Kumari deceased. Thus dismissed her application Learned counsel for the petitioner submitted that her statement has been misread by the learned Rent Controller and there being no rebuttal, the application should have been allowed.

After hearing the learned counsel for the parties, 1 find force in the contention raised on behalf of the petitioner. The Statement of Sunita Jain has been read in this Court. She categorically stated that she is the only daughter of Raj Kumari deceased. The tenant did not come in the witness box to deny this fact. Thus the whole approach of the learned Rent Controller is illegal improper and it has unnecessarily delayed the proceedings.

Consequently, this petition succeeds and is allowed with costs. Costs assessed at Rs.500/-. The parties have been directed to appear before the Rent Controller on 19th January, 1989.