J.V. Gupta J. - (1.) This is a petition filed on behalf of the landlord. petitioners against the order of the Appellate Authority, dated 9th June, 1975, whereby he set aside the order of the Rent Controller and dismissed the application for ejectment.
(2.) Shrimati Kamla Devi widow of Shri Madan Lal Aggarwal, filed an application for ejectment on the ground of bona fide requirement for her own use and occupation. The application was allowed by the Rent Controller. During the pendency of the appeal before the Appellate Authority filed on behalf of the tenant-respondent, the landlord died. Following the Supreme Court authority in Smt. Phool Rani and others Vs. Shri Naubat Rai Ahluwalia, 1971 R C K 364 , the tenant appeal was allowed and the order of ejectment passed by the Rent Controller was sat aside. The legal representatives of the deceased-landlord have filed the present petition.
(3.) It is agreed by the learned counsel for the parties that in view of the Supreme Court authority in Shamlal Thakordas and others Vs. Chimanlal Manganlal Talwala, A.I.R 1976 Supreme Court 2358 , the order of the Appellate Authority is liable to he set aside. In this judgment, the earlier view of the Supreme Court in Smt. Phool Rani's case (supra), has been overruled.;