SHIV KUMAR SHARMA, J. - (1.) INSTANT revision impugns the order dated Feb. 28, 1996 of the learned Additional District Judge No. 1, Alwar whereby the application filed by the legal representatives of deceased tenant for bringing them on record was allowed and they were ordered to be impleaded as appellants in the appeal.
(2.) THE learned Munsif, Alwar on April 11, 1986, decreed the suit for eviction instituted by the plaintiff-petitioner (for short the landlord) and the defendant-tenant Bodh Raj (for short the tenant) was directed to vacate the shop in dispute. The tenant preferred appeal assailing the judgment and decree of the trial court. During the pendency of appeal the tenant Bodh Raj expired on April 12, 1988. His legal representatives filed an application on July 11, 1988 for bringing them on record as appellants. The landlord contested the application on the ground that none of the legal representatives were working with deceased Bodh Raj during his life time in the disputed commercial premises and therefore in view of Section 3(vii)(b) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Act) the application deserves to be dismissed. Learned appellate court took seven and a half years time to decide the said application.
(3.) BEFORE adverting to the rival contentions it will be useful to refer section 3(vii)(b) of the Act which recites thus - "3(vii) "tenant" means - (a) - (b) in the event of death of the person as is referred to in sub-clause (a), his surviving spouse, son, daughter, and other heir in accordance with the personal law applicable to him who had been, in the case of premises leased out for residential purposes, ordinarily residing and in the case of premises leased out for commercial purposes, ordinarily carrying on business with him in such premises as member of his family upto his death." ;