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2006 Supreme(All) 457
[2006(3) ADJ NOC 6 (All)]
ALLAHABAD HIGH COURT
BEFORE : ANJANI KUMAR, J.
Smt. ANGOORI DEVI ......Petitioner
Versus
Smt. CHANDRA KANTA AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 8831 of 2006, decided on 14th February, 2006)
Advocates:
Counsel :
S.C. Mandhyan for the Petitioner and SC for the Respondents.
Counsel :
S.C. Mandhyan for the Petitioner and SC for the Respondents.
Headnote:U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Sections 21(1)(a) and 22—Appeal thereunder—Non-impleadment of widow of original tenant—Prescribed Authority decided the matter and impleadment sought thereafter—In view of law laid down by Apex Court—On death of original tenant all heirs will inherit tenancy jointly—Held, non-impleadment of widow of original tenant alongwith other heirs—Cannot be said to be a fatal defect.
The appellate authority has taken the view that in view of law laid down by this Court and the Apex Court that on the death of original tenant all the heirs will inherit the tenancy jointly. In this view of the matter even assuming that one of the joint tenants has not been impleaded this cannot be said to be a fatal defect which may make the application liable to be dismissed only on this ground.
