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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Satish Sood, through LR Smt. Bandana Sood – Appellant
Versus
Umesh Sood – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
By way of instant petition, petitioner has challenged an order dated 20.12.2023 passed by learned Rent Controller-III, Shimla in Rent Case No.87/2019 (RBT: 254-2 of 2023/2019), whereby the application of the petitioner for amendment of reply under Order 6 Rule 17 of the Code of Civil Procedure (for short, “Code”) has been dismissed.
2. The petitioner and respondent shall hereafter be referred to as tenant and landlord respectively.
3. The landlord originally filed an eviction petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (for short, “Rent Act”) against one Sh. Satish Sood on the grounds of arrears of rent and personal bonafide requirement, which is pending on the files of learned Rent Controller-III, Shimla as Case No.87/2019 (RBT: 254-2 of 2023/2019).
4. Sh. Satish Sood died during the pendency of the petition on 08.09.2021. The landlord filed an application under Order 22 Rule 4 of the Code for bringing on record the legal representative of deceased Sh. Satish Sood. It was averred that deceased Sh. Satish Sood was survived by his wife. The notice was issued to proposed legal representative of deceased Sh. Satish Chand, wh
The court ruled that the daughter of a deceased tenant must be included in eviction proceedings to ensure fair adjudication of her inherited tenancy rights.
Tenant - Revision-applicant who is claiming to be joint tenant of property being son of late original tenant who according to revision-applicant was original tenant of premises in dispute, is neither....
Eviction suits are maintainable without all legal heirs of a deceased tenant if at least one joint tenant is sued, upholding joint tenancy principles.
Tenancy rights under the H.P. Urban Rent Control Act are heritable, confirming the status of the deceased tenant's legal representatives as tenants.
Litigants should be afforded the opportunity to establish their cases by amending pleadings, and rules of procedure should not thwart substantial justice.
Legal heirs of a deceased tenant inherit joint tenancy rights, and eviction decrees can be enforced against one joint tenant without needing all heirs to be party to the proceedings.
CPC is not applicable to rent cases as it is applicable strictly to Civil Suits, but principles contained in provisions of CPC are applicable for adjudication of Rent Petition also.
In a tenancy suit, only the landlord and the tenant are necessary parties for the decision of the suit, and the impleading of remaining legal representatives may not be necessary.
The representation of one heir of an original tenant in a suit for eviction is sufficient, unless there is collusion or mala fide neglect by the representative.
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