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2018 Supreme(Bom) 543

G.S.PATEL
Trustees of the NM Petit Charity Fund – Appellant
Versus
Heirs & Legal Representatives, if any, of late Jal Minocher Unwala – Respondent


Advocates Appeared:
For the Petitioners:P.S. Dani, Senior Advocate, Agnel Carneiro, Vaibhav Shah, i/b Mulla & Mulla & Craigie Blunt & Caroe, Advocates.
For the Respondent: S.G. Adake, Administrator General.

JUDGMENT :

1. The Petition raises a narrow but, in my view, important question of both civil procedure and rent control legislation. I have heard Mr Dani on behalf of the Writ Petitioner. The matter was assigned to this Court by a separate administrative direction. At first it was linked with a group of other matters but has now been segregated. I have also requested the presence of Mr SG Adake, the present Administrator General who exercises powers, performs duties and discharges functions under the Administrator General’s Act, 1963. The reason for this will became apparent shortly.

2. The issue at hand is this: there are cases in this city where a landlord does not know the names or addresses or both of the heirs of a deceased tenant. None come forward when the tenant dies. What is the process that a landlord should follow to recover his property? Is it at all permissible for the landlord to bring a formal eviction action in the names of, for instance, the heirs and legal representatives, if any of the late tenant? In our system of civil procedure, this seems to present procedural difficulties. In whose name would a Writ of Summons be issued? Where and how would it be served? What















































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