U.L.BHAT, RAMAKRISHNAN
Radha Kumari – Appellant
Versus
Sukumaran – Respondent
Bhat,J.
Rent Control Court passed an order of eviction against Thankam Sahadevan, tenant of the premises. Tenant filed appeal R.C.A. 25 of 1990 before the Rent Control Appellate Authority (District Judge). Pending appeal appellant died on 20-9-1989. An application has to be filed by the legal representatives to get themselves impleaded within fifteen days as required by Rule 10 of the Kerala Buildings (Lease and Rent Control) Rules, 1979. However they filed the application on 10-11-1989 seeking to get themselves impleaded. Application having been filed beyond the period of fifteen days contemplated under R.10, the Appellate Authority dismissed the application as belated. This order is now challenged.
2. S.18 of the Kerala Buildings (Lease and Rent Control) Act (for short'the Act') empowers the Government to constitute Appellate Authorities for the purpose of the Act. Any person aggrieved by an order passed by the Rent Control Court may file an appeal within the time stipulated before the Appellate Authority. The Appellate Authority shall send for the records of the case from the Rent Control Court and after giving the parties an opportunity of being heard shall decide the
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