1 16 cac.578.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 578 OF 2011 IN CIVIL REVISION APPLICATION NO. 429 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Naushed Engineer i/b Zohair and Company for the Applicants. Mr. M.T.Lulia for Respondent Nos.1 to 3. CORAM : A.S.OKA, J. DATE : 30 th November, 2011. P.C. . Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent Nos.1 to 3. 2 This is an application for bringing on record legal representatives of the deceased – Applicant in the civil revision application. There is no dispute that the proposed legal representatives, who are the Applicants herein are the daughters of the deceased Applicant in the Civil Revision Application. The objection of the Respondents (original plaintiffs) raised 2 16 cac.578.11 by filing reply is that the Applicant Nos.1(a) to 1(c) were not residing with the deceased – tenant / Applicant in the suit premises at the time of her death or prior thereto. His contention is that as the suit premises are governed by the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the succession will be governed by Section 5 (11) (c) of the said Act. He relied upon a decision of this Court in the case of Neebha Kapoor Vs. Jayantilal Khandwala and others [2008 (5) Mh.L.J. 87]. 3 This is an application which will be governed by the Order XXII of the Code of Civil Procedure, 1908. The application is for bringing legal representatives within the meaning of the said Code of the deceased – Applicant on record of the application. Even if the Applicants are brought on record, the order permitting them to be brought on record will not amount to deciding the issue of transmission tenancy under Section 5(11)(c) of the said Act and the issue whether any of the Applicants are entitled to claim tenancy rights under Section 5(11)(c) will have to be kept expressly open. The said issue can be always decided in appropriate proceedings in accordance with 3 16 cac.578.11 law notwithstanding the fact that this application is allowed. 4 Subject to what is observed above, the application is allowed in terms of prayer clause (a). 5 Amendment shall be carried out within a period of four weeks from today. 6 Civil Revision Application shall be added to the appropriate final hearing board. [ A.S.OKA, J ]