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march 1973

Supreme Court of India · 1973-03-14

PHUL RANI & ORS. vs NAUBAT RAI AHLUWALIA

Citation / case number
SC 1972/60366
Court
Supreme Court of India
Petitioner
PHUL RANI & ORS.
Respondent
NAUBAT RAI AHLUWALIA
Bench
CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court held that under Section 14(1)(e) of the Delhi Rent Control Act, the cause of action for ejectment does not survive to the legal representatives of the deceased plaintiff when the original claim is based on personal requirement. The Court clarified that the maxim 'actio personalis moritur cum persona' applies, and since the right to sue is personal, the heirs cannot continue the proceedings without altering the fundamental nature of the pleadings. Consequently, the appeal was dismissed, affirming the High Court's decision that the ejectment application abated upon the plaintiff's death.

PHUL RANI & ORS. vs NAUBAT RAI AHLUWALIA · Niyam