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Issues:
1. Interpretation of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 regarding the rights of heirs and legal representatives of a deceased tenant. 2. Determination of the status of statutory tenants and their legal representatives under the Act. 3. Application of Order 22 Rule 4 of the Civil Procedure Code in cases involving deceased tenants. 4. Definition of "tenant" under Section 3(vii) of the Act and its implications on the rights of legal representatives. Analysis: The judgment revolves around a dispute arising from a landlord-tenant relationship where the landlord sought eviction of the tenant from a property. The tenant contested the eviction, leading to a series of legal proceedings culminating in a second appeal before the Rajasthan High Court. The crucial point of contention was the status of the tenant, who had passed away during the pendency of the appeal, and the rights of his heirs and legal representatives concerning the eviction suit. The High Court allowed the landlord to argue that the protection under the Act was personal to the deceased tenant, and on his death, it was unnecessary to establish the landlord's bona fide requirement for eviction. The Court held that after the termination of the contractual tenancy, the statutory tenant had only a personal right to possession until eviction in accordance with the Act. The protection was deemed personal and non-transferable, ceasing upon the tenant's death. The legal representatives of the deceased tenant were brought on record in the appeal, as per Order 22 Rule 4 of the Civil Procedure Code, allowing them to defend the appeal. However, their rights were limited to non-personal contentions, excluding matters personal to the deceased tenant. The heirs contended that they inherited the status of a tenant under the Act, citing the definition of "tenant" in Section 3(vii). The Court rejected this argument, emphasizing that the heirs did not hold the status of tenants as they were incapable of inheriting any interest in the original tenancy. Furthermore, the Court clarified that the heirs' payment of rent during the proceedings did not establish their status as tenants but was done without prejudice to the landlord's rights. The judgment underscored that the heirs could only assert contentions appropriate to their representative character, not personal to the deceased tenant. Ultimately, the Court found no merit in the appeal, as the only contention regarding the validity of the notice for tenancy termination had been correctly decided, leading to the dismissal of the appeal. In conclusion, the judgment clarifies the limited rights of legal representatives of a deceased statutory tenant under the Act, emphasizing that their status does not equate to that of a tenant. The decision underscores the distinction between personal and non-personal contentions in such cases, ensuring a fair and lawful resolution in landlord-tenant disputes involving deceased tenants.
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