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P.K.JAISWAL
Mahesh Chand – Appellant
Versus
Nishar Khan – Respondent
1. Heard on admission.
2. This revision application has been filed against the order dated 25.9.2007 passed by Rent Controlling Authority in Case No. 09/03-04/ 90-7, whereby Rent Controlling Authority rejected the application filed by the applicant under section 23 (a) of the M.P. Accommodation Control Act, 1961 (for short 'the Act') on the ground that land lady Kalawati died during the pendency of the proceedings on 26.2.2007 and, therefore, cause of action does not survive to her heirs.
3. The application under section 23 (a) of the Act was filed by Smt. Kalawati before Rent Controlling Authority. During the pendency of the application, she died on 26.2.2007. Thereafter, an application was filed for bringing her legal heirs on record. The said application was allowed and applicants who are legal heirs of Smt. Kalawati were impleaded before the Rent Controlling Authority. The Rent Controlling Authority by the impugned order has stated that applicants do not come within the category of clause U) of section 23 of the Act and they do not belong to such category and, therefore, application was not maintainable and dismissed the same relying on the decision of this Court in the cas
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