M/S KANHIYA SINGH SANTOK SINGH & ORS. versus KARTAR SINGH

M/S KANHIYA SINGH SANTOK SINGH & ORS. versus KARTAR SINGH

Due to ambiguity regarding whether the appellants were carrying on business as members of the family with the deceased tenant up to his death, the court determined a factual inquiry was necessary. The matter was remitted to the trial court for evidence and findings on the appellants’ status, after which the High Court would decide the appeal.

Parties
Appellants: M/S Kanhiya Singh Santok Singh & Ors.; Respondent: Kartar Singh
Jurisdiction
India
Judgment Date
04 March 2009
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of High Court of Rajasthan in Civil Second Appeal No. 486/2002
Outcome
Appeal partly allowed.
Legal Topics
Substitution of Legal Representatives, Eviction, Tenant Definition, Abatement of Appeal
Civil Procedure Tenancy Property Law Substitution of Legal Representatives Eviction Tenant Definition Abatement of Appeal

Case Brief

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Parties

M/S Kanhiya Singh Santok Singh & Ors.

Appellants

Kartar Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of High Court of Rajasthan in Civil Second Appeal No. 486/2002

Legal Issues

  1. 1 Whether the sons of the deceased tenant can be substituted as his legal representatives to prosecute the second appeal under Order 22 Rule 3 CPC in light of section 3(vii) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950

Ratio Decidendi

Due to ambiguity regarding whether the appellants were carrying on business as members of the family with the deceased tenant up to his death, the court determined a factual inquiry was necessary. The matter was remitted to the trial court for evidence and findings on the appellants’ status, after which the High Court would decide the appeal.

Court Disposition

Appeal partly allowed.

Orders

  • Impugned judgment of the High Court set aside.
  • Matter remitted to the High Court to direct the trial court to take evidence and determine appellants' status as legal representatives.