THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.2525/2011 Date of Order:12-8-2011 Between: S. Deva Dasu ..Petitioner and 1. Aravapalli Venkateswara Rao (Died) and another. ..Respondents The Court made the following :: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.2525/2011 Oral order: This revision under Art. 227 of the Constitution of India is filed to revise the orders of the Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada dt. 3-2-2011 allowing IA No.448/2010 filed to add the second petitioner (second respondent herein) as the legal representative of the first petitioner (first respondent herein) to prosecute the eviction petition. The first respondent herein filed the above RCC before the Rent Controller, Vijayawada, against the revision petitioner herein for eviction from the petition schedule property and for other reliefs. On the death of the first respondent, the second respondent, claiming to be a legatee under a registered will deed dt. 13-12-2007 executed by the first respondent, filed the present petition to implead him in the main petition as second petitioner. On allowing the said application by the impugned order, the present revision petition is filed. Sri V.S.R. Anjaneyulu, learned counsel for the revision petitioner submits that the petitioner No.1 in RCC filed OS No.146/2008 before the Principal Junior Civil Judge, Vijayawada, in which the second respondent herein filed IA No.994/2010 under Order 22 Rule 3 and Sec 151 CPC and Rule 28 of the Civil Rules of Practice to implead him as second plaintiff in the suit as he being the legal representative of the deceased plaintiff ie., Aravapalli Venkateswara Rao and the same was dismissed on 13-4-2011 and therefore, the Rent Controller ought to have referred the matter to the Civil Court under rule 19(3) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Rules, 1961 (for short “the Rules”), to decide the question whether he is the legal representative of the deceased person or not, and without referring the matter, he cannot be impleaded as a party in the petition. A perusal of the order dt. 13-4-2011 passed in IA No.994/2010 in OS No.146/2008, which is subsequent to passing of the impugned order, would go to show that the second respondent herein who is sought to be impleaded has not established the title of the first respondent herein (first plaintiff in OS No.146/2008) over the suit schedule property, who executed a will in his favour and the first respondent herein has one son, three daughters and wife as class-I heirs and without impleading them as parties to the suit, the legatee under the will dt. 13-12-2007 cannot be impleaded as second plaintiff in the suit. Learned counsel for the respondent submits that against the orders passed in IA No.994/2010, an appeal has been preferred. “Legal representative” has been defined under explanation to Rule 19(1) of the Rules. It reads as under: 'legal representative' means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued. “ Admittedly, in the present case, the father-in-law of the second respondent, ie., first respondent filed RCC No.12/2008 for eviction of the revision petitioner from the petition schedule property. Whether he can institute such RCC in view of the finding of the civil court in IA No.994/2010 can be gone into at the time of trial. Suffice it to say, whether the second respondent claiming to be the legatee under the will dt. 13-12-2007 will assume the character of legal representative to continue the proceedings and whether such a petition is maintainable or not can be decided in the main RCC. In view of the same, no infirmity is discernible in the impugned order passed by the Rent Controller, Vijayawada warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _______________ A.GOPAL REDDY, J. Dt.12-8-2011 kmr