Kanwaljit Singh Ahluwalia, J. - (1.) INSTANT petition has been preferred under Article 226 of the Constitution of India in order to assail the order dated 26.09.2015, whereby Rent Appellate Tribunal, Jaipur Metropolitan, Jaipur (herein after referred as 'Rent Tribunal') condoned the delay in filing of application under Order 22 Rule 3 of Code of Civil Procedure, 1908 and ordered substitution of legal heirs of Chhoti Devi, deceased/appellant to appeal bearing No. 103/2013.
(2.) CHHOTI Devi, being landlady preferred an application under Sections 9 & 10 of the Rajasthan Rent Control Act, 2001 (herein after referred as 'Act of 2001') before Rent Tribunal for eviction of the petitioner from the shop situated in House bearing No. 858 Ankado -ka -rasta, Kishanpole Bazar, Jaipur on the ground of personal -bonafide -necessity and default in payment of rent. Chhoti Devi, landlady had also sought revision of rent. On 12.07.2013 Rent Tribunal dismissed application for eviction. However, Rent Tribunal revised the rent. Aggrieved against the judgment dated 12.07.2013 rendered by Rent Tribunal, Chhoti Devi preferred an appeal under Section 19(6) of the Act of 2001. During pending of the appeal, Chhoti Devi died on 30.10.2013. After one -year & twenty -four days of the death of Chhoti Devi on 24.11.2014 three sons of Chhoti Devi, namely Ganpat Lal, Mohan Lal and Rambabu, respondents No. 1/1, 1/2 and 1/3 herein filed an application under Order 22 Rule 3 read with Section 151 C.P.C. for their impleadment as legal heirs of deceased Chhoti Devi. The Rent Tribunal, vide its impugned order dated 26.09.2015, condoned the delay in filing application and after accepting the application under Order 22 Rule 3 C.P.C. ordered substitution of legal heirs of Chhoti Devi and the respondents No. 1/1 to 1/3 were brought on record to pursue the appeal.
(3.) MR . Mahesh Chand Gupta, the learned counsel appearing for the petitioner, has contended that as per provisions of Code of Civil Procedure, 1908, after expiry of period of ninety days, the appeal has to automatically abate. It is urged on behalf of the petitioner that the application filed by legal heirs, after one -year & twenty -four days of the death of Chhoti Devi was barred by period of limitation and, hence, a grave error has been committed by the Rent Tribunal to accept the application filed by the legal heirs.;