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1970 Supreme(Mad) 230

K.VEERASWAMI, GOKULAKRISHNAN
Subramania Pillai – Appellant
Versus
Rajakkani Nadar – Respondent


Advocates:
K.S. Champakesa Iyengar and K.C. Srinivasan, for Petitioner; S. Chellaswami, for Respondents.

Judgement

VEERASWAMI, C. J. :- The legal representative of the deceased tenant, against whom an order of eviction had been obtained, is the petitioner. While the application for eviction in execution of that order was pending, the tenant died on October 17, 1963. The application for bringing on record the petitioner as the tenant's legal representative was filed in March 1964 and it was ordered by the District Munsif, and that order was confirmed by the District Judge. The petition to revise the order came in the first instance before Alagiriswami J., who not

being inclined to the view of the then Chief Justice in C. R. P. No. 929 of 1969 referred it for disposal by a Division Bench.

2. The petitioner relies on Rule 32 of the Rules framed under the Madras Buildings (Lease and Rent Control) Act, which provides for one month from the date of the death of the person concerned or the date of the knowledge of the death of the person concerned as limitation for an application for bringing the legal representatives of a deceased person on record. Rule 32 reads :

"Time limit for bringing the legal representatives on record in proceedings : Every application for making the legal representative




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