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.