VIKRAMAJIT SEN
KAILASH CHANDER SHARMA – Appellant
Versus
NIRMALA WATI – Respondent
( 1 ) THIS application under Order XXII Rule 4 read with section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as civil Procedure Code. ) has been filed by the respondent/landlord for bringing the legal heirs of the deceased-respondent Smt. Nirmala Wati on record, who died on 6. 11. 2000. The application has been filed on 23. 1. 2001, that is, within the prescribed period. It has been objected to by the petitioner/revisionist/tenant on the ground that the cause of action does not survive or devolve on any person as eviction had been obtained under the provisions of Section 14 (D) of the Delhi Rent Control Act (hereinafter referred to as the Act ). This objection is without merit since a valuable right has fructified in favour of the deceased the fruits of which can be enjoyed by her legal heirs. The next objection is that since the revision petition has already been decided on 18. 2. 2000, the provisions of Order XXII Rule 4 are inapplicable. This objection is also without merit for the reason that while dismissing the revision petition this court had granted indulgence to the tenant by accepting his undertaking to vacate the premises on or bef
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