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march 2009

Supreme Court of India · 2009-03-04

M/S Kanhiya Singh Santok Singh & Ors vs Kartar Singh

Citation / case number
AIR 2009 SUPREME COURT 1600
Court
Supreme Court of India
Petitioner
M/S Kanhiya Singh Santok Singh & Ors
Respondent
Kartar Singh
Author
Tarun Chatterjee
Bench
Aftab Alam, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that under Order 22 Rule 3 CPC, the appellants, as legal representatives of the deceased Santok Singh, are entitled to be substituted in the appeal concerning the eviction suit. The Court interpreted Section 3(vii) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, affirming that the definition of 'tenant' includes legal heirs who were part of the joint family business. The High Court's dismissal of the substitution application was overturned, allowing the appeal to proceed.

M/S Kanhiya Singh Santok Singh & Ors vs Kartar Singh · Niyam