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S.A. Razack Vs. Kuppuswami Pillai by Lrs. - Court Judgment

LegalCrystal Citation
SubjectCivil;Tenancy
CourtKarnataka High Court
Decided On
Case NumberC.R.P. (FR No. 8340) of 1985
Judge
Reported inILR1985KAR2457
ActsKarnataka Rent Control Act, 1961 - Sections 50(1)
AppellantS.A. Razack
RespondentKuppuswami Pillai by Lrs.
Advocates:C. Gowrishankar, Adv.
DispositionRevision petition admitted
Excerpt:
.....a legal representative under sub-section (2), no separate application for bringing on record the legal representatives of a deceased party is contemplated.......... the procedure required to be followed in relation to the filing of a suit, appeal or revision on the death of a concerned party in a matter of a civil nature, it becomes obvious, is given legislative recognition under sub-section (2) in respect of an application made, appeal preferred or proceeding taken under the act. - attendance: [s. abdul nazeer, j] b.com degree course - shortage of attendance 58% attendance in accounting & finance though the petitioner had put in 78% attendance in all the subjects not permitted to attend the examination held, attendance is necessary to achieve academic discipline and scholastic..........of the order questioned in that revision petition, is a separate application for bringing the legal representatives of the deceased party in the revision petition, necessary, as required by the office of the high court.2. section 51 of the act, which bears on the point, reads;'51. proceedings by or against legal representatives :- (1) any application made, appeal preferred, or proceeding taken under this act by or against any person, may, in the event of his death, be continued by or against his legal representatives.(2) where any application, appeal or other proceeding would have been made, preferred or taken under this act by or against any person such application, appeal or other proceeding may, in the event of his death, be made, preferred or taken by or against his legal.....
Judgment:
ORDER

Venkatachala, J.

1. When a Revision Petition under Section 50 (1) of the Karnataka Rent Control Act, 1961 ('the Act'), is presented to the High Court, against a legal representative of a party to an eviction Petition, in the Court below, who had died sub-sequent to the making of the order questioned in that Revision Petition, is a separate application for bringing the legal representatives of the deceased party in the Revision Petition, necessary, as required by the Office of the High Court.

2. Section 51 of the Act, which bears on the point, reads;

'51. Proceedings by or against legal representatives :- (1) Any application made, appeal preferred, or proceeding taken under this Act by or against any person, may, in the event of his death, be continued by or against his legal representatives.

(2) Where any application, appeal or other proceeding would have been made, preferred or taken under this Act by or against any person such application, appeal or other proceeding may, in the event of his death, be made, preferred or taken by or against his legal representatives.'

3.Sub-section (1) of Section 51 of the Act provides for continuation of a pending application, appeal or other proceeding under the Act, by or against a deceased party thereto. But, sub-section (2) thereof, as enacted, envisages, cases of making of an application, preferring of an appeal or taking of other proceeding under the Act by or against a legal representative of a party - by whom or against whom such application, appeal or other proceeding would have been made, preferred or taken under the Act, but for that party's death. From this it becomes obvious that for making an application, preferring an appeal or taking of a proceeding under the Act, by or against a legal representative under sub-section (2), no separate application for bringing on record the legal representatives of a deceased party, is contemplated. If the requirement of the office has to be sustained, it be-comes necessary to hold that sub-section (2) of Section 51 of the Act, imposes an obligation on a landlord while making an application for eviction against the legal representative of a deceased tenant, to file along with it another application for bringing on record, such tenant's legal representatives. Similar would be the position when a landlord may have to file a Revision Petition respecting an order made against him by the Rent Court against the legal representatives of the tenant, if the tenant dies after the making of the order sought to be revised. As a corollary therefor, it follows that the same would be the position when the tenant has to proceed against the legal representatives of a deceased landlord. Sub-section (2), as it stands, does not permit such a construction to be placed upon it. The procedure required to be followed in relation to the filing of a suit, appeal or revision on the death of a concerned party in a matter of a civil nature, it becomes obvious, is given legislative recognition under sub-section (2) in respect of an application made, appeal preferred or proceeding taken under the Act.

4. For the foregoing reasons, the requirement of the office that the petitioner in the Revision Petition should have made a separate application for bringing the legal representatives of the deceased petitioner in the Court below, is unsustainable and cannot be upheld.

5. In the result, I direct the office to register the Revision Petition without insisting upon the compliance of the requirement sought by it, relating to making of a separate application for bringing the legal representatives of the deceased petitioner in the Court below.


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