Legal representatives must provide sufficient evidence of their status before being allowed to prosecute a case.

Challenge is made to an order of the Rent Control Appellate Authority in RCA No.8 of 2006 whereby an order of the Rent Controller of the said place in I.A.No.46 of 2005, an application to set aside an order of dismissal of RCOP No.1 of 2004, was reversed, and the application was dismissed.

2. The Court heard the learned Counsel on either side.

3. The said RCOP No.1 of 2004 was originally brought forth by one Chinnammal alleging that the respondent herein was her tenant; and that he was to be evicted on the ground of willful default. The said RCOP was dismissed for default on 13. 2005. Thereafter, four applications were filed by the revision petitioners namely I.A.No.45/2005 to condone the delay of 83 days in making an application to set aside the order of dismissal of the RCOP for non-prosecution, which is I.A.No.46/2005. In order to condone the delay in making an application to set aside the abatement, I.A.No.47/2005 was filed, and the said application to set aside the abatement is I.A.No.48/2005. On contest, all those applications were ordered. Aggrieved over the order passed in I.A.No.46/2005, RCA No.8 of 2006 was filed by the respondent herein before the appellate forum. On enquiry, the RCA was allowed. Not satisfied with the order, the petitioners in I.A.No.46/2005 before the Rent Controller, have brought forth this revision petition before this Court.

.4. The only contention put forth by the learned Counsel for the petitioner is that the third petitioner herein was the power holder of the original owner Chinnammal; that Chinnammal had executed a Will in favour of these petitioners; that on her death, the Will came into force; that they became the owners of the property; that under the circumstances, the applications were filed; that on contest, they were all allowed; that the respondent herein has challenged only the order in I.A.No.46/2005 which was an application to set aside the order of dismissal of the RCOP for default; that they have not challenged the orders which were passed in the other three applications; that under the circumstances, the appellate authority should have dismissed the RCA and on the contrary, allowed the same, and hence, it has got to be set aside.

5. Contrary to the above, it is contended by the learned Counsel for the respondent that the respondent is equally entitled to the property like the petitioners; that it is true that in the course of the affidavit, the petitioners averred that there was a Will executed by Chinnammal; but, the Will was not proved in any way; that the Rent Controller has acted on the averments and the copy of the Will being produced, in the absence of any proof or evidence; that in the first instance, the petitioners should have proved that they are competent to prosecute the matter as the legal representatives of Chinnammal; but, they have not done so; that under the circumstances, the Rent Controller should have dismissed the application in I.A.No.46/2005 and instead, allowed the same; that so far as the other applications are concerned namely I.A.No.47 and 48/2004, they are all only consequential reliefs; that so long as the petitioners were not able to show that they were the legal representatives of Chinnammal, then the RCOP should not be further proceeded with; that under the circumstances, the appellate forum has reversed the order of the Rent Controller and hence, that order has got to be sustained and the revision be dismissed.

.6. After careful consideration of the submissions made, this Court is of the considered opinion that the order of the appellate authority has got to be set aside. In the instant case, it is not in controversy that the respondent herein was the tenant under Chinnammal, and the petitioners before this Court, on her death, filed before the Rent Controller those applications stating that they are the legal representatives of Chinnammal; and that the property has come to their hands in view of the fact that the Will executed