R C O P
NOTTAM VENKATASAMY
(Querist) 28 January 2011
This query is : Resolved
ONE LANDLORD FILED R C O AGAINST THE TENANT. IN THE MEANTIME THE SAID TENANT DIED,AND THE SAID RCOP CASE WAS ORDERED AS EX PARTE, IN THE MEANTIME THE LEGALHEIRS OF THE TENANT TRY TO SET AS SIDE THE EX PARTE ORDER, THEY FILED THE SET AS SIDE PETITION WITH CONDONE DELAY BUT THE COURT SAID IT IS NOT APPLICABLE,AND ALSO SAID THE SAID DIED TENANT ONLY SET AS SIDE THE EX PARTE ORDER THE LEGALHEIRS OF THE TENANT SHOULD NOT RIGHTS THE EXPARTE ORDER SET AS SIDE.IS IT RIGHT,IF ANY CITATION IS AVAILABLE PLEASE DECLARE.
Raj Kumar Makkad
(Expert) 29 January 2011
The approach of Rent Controller is totally illegal and erroneous as no case can either be filed or decided against a dead person. After death of tenant, his legal heirs are validly entitled to defend the case at the same stage where the case was left.