- (1.) WE have heard learned counsel for the parties.
(2.) THIS intra court appeal arises out of the judgment of learned Single Judge dated 20.2.2013 in S.B. Civil Writ Petition No. 388/2009 by which he had dismissed the writ petition confirming the concurrent findings, recorded by the Rent Tribunal regarding the bona fide need of the landlord as well as the grounds taken in the Rent Appellate Tribunal, and in the writ petition that Shri Virendra Singh, after the death of his mother, ceased to be the landlord and was not competent to continue with the proceedings for eviction. Learned Single Judge after dismissing the writ petition allowed six months' time to the tenant to vacate the shop, subject to the condition of payment of rent and filing an affidavit of undertaking, detailed in the concluding paragraph of the judgment.
(3.) THE proceedings for eviction of the appellant on bona fide need were initiated by Shri Virendra Singh, who had executed the rent agreement vide rent note and was realizing the rent of the shop for last twenty years. The trial court decreed the suit for eviction on the ground of bona fide need. During the pendency of the appeal, on the death of Smt. Sobhagyamani, mother of Shri Virendra Singh and Shri Arun Singh on 5.9.2007, an application was made by the appellant -tenant that on her death, she has left behind a Will by which she has bequeathed the suit shop to younger son Shri Arun Singh and, thus, Shri Virendra Singh has no right to continue with the eviction proceedings. It is submitted that the application was not disposed and was kept pending and that neither the Rent Appellate Tribunal nor the learned Single Judge has decided the question of maintainability of the proceedings on the death of original owner. The order of eviction has been sustained on an application filed by son of the land lady, who was no longer the owner or the landlord of the shop in dispute.;