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MANMEET PRITAM SINGH ARORA
Bharat Bhushan – Appellant
Versus
Naseeb Kaur – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J.
CM APPL. NO. 33916/2022
1. The present application under Section 151 of Code of Civil Procedure, 1908 (`CPC') has been filed by the Legal Representatives (`LRs') of the original Respondent, landlady (`original Respondent'), seeking dismissal of the present revision petition filed by the Petitioner, tenant, on the ground that the petition has abated on account of the Petitioner's failure to implead the LRs of the original Respondent.
2. Learned counsel the applicants states that the eviction order dated 26.07.2018 (`impugned eviction order') with respect to commercial premises bearing No. B-1458, Shastri Nagar, Delhi - 110052 (`tenanted premises') was passed in favor of the original Respondent.
3. He states that original Respondent expired during the pendency of the present revision proceedings, i.e., on 25.02.2021. He states that the original Respondent executed a registered Will dated 01.11.2019 in favor of the applicants, who are the sons of the original Respondent. He states that in terms of the Will, the applicants herein have become the exclusive owners of the tenanted premises and the impugned eviction order which pertains to the estat
The obligation to bring the legal representatives of a deceased landlord/landlady on record in eviction cases after the landlord's death is governed by Order XXII Rule 4(1) of CPC, as interpreted by ....
The High Court's revisional jurisdiction is limited to ensuring lower courts adhered to legal standards, without reassessing evidence as in an appellate court.
Legal representatives can continue eviction proceedings following the original landlord's death if the need for eviction was established as bona fide and relevant to family members.
The Trial Court had the jurisdiction to adjudicate the claim of the Petitioners with respect to alleged ownership of the tenanted premises on the basis of unregistered Will, and the non-filing of a p....
The landlord's bona fide need for the tenanted premises under Section 14(1)(e) of the Delhi Rent Control Act and the tenant's liability for use and occupation charges.
Legal heirs cannot introduce new claims in eviction proceedings after the death of original petitioners, as their right to seek eviction based on personal requirement becomes extinct.
The main legal point established in the judgment is that the tenancy terminated with the passing of the eviction order, and the tenants were liable to pay use and occupation charges to reasonably com....
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