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.