1 WP No.706/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.706 of 2011 (i) Smt.Shantabai Chandrashekhar Ratkalkar (ii)Mallinath Chandrashekhar Ratkalkar (iii)Mahesh Chandrashekhar Ratkalkar (iv)Rajesh Chandrashekhar Ratkalkar ... Petitioners versus (i) Shri Chandrakant Sitaram Chatorkar (ii)Smt.Laxmibai S. Chatorkar ... Respondents ... Mr. T.D. Deshmukh for the petitioners. CORAM : D.G. KARNIK, J DATED : 3rd March 2011 P.C. 1. The petition is directed against the order dated 22 April 2010 passed by the 6th Additional Judge, Small Causes Court, Pune rejecting the application of the petitioner to dismiss the suit as having abated. 2. Respondent is the landlord of the suit premises. He filed a suit against Chandrashekhar Vishwanath Ratkalkar, who was the original tenant, for eviction. During the pendency of the suit, 2 WP No.706/11 Chandrashekhar died, his widow and sons were brought on record as legal representatives of deceased Chandrashekhar. One of the two daughters of Chandrashekhar, who was not brought on record made an application that the suit be dismissed as abated as her name was not brought on record. The trial Judge rejected the application. In my view, the decision of the trial Court cannot be impugned for two reasons. Firstly under section 7(15) of the Maharashtra Rent Control Act, any member of the tenant’s family who is residing with him in case of residential premises and any person carrying on business with him in the premises which are let out inherits the tenancy. All heirs do not inherit the tenancy. The suit premises are business premises. The daughter is a married daughter and she has not alleged that she was carrying on business in the suit premises along with the deceased at the time of his death. Hence, she has not inherited the tenancy and cannot be regarded as the legal representative who has inherited the tenancy. 3. Even if the contention of the petitioner that all heirs inherit the tenancy is accepted, any one of the heirs can be brought on record and he represents the estate of the deceased. It has been held by this court that it is not necessary to bring all the heirs on record. In the circumstances, there is no merit in the writ petition. Writ Petition is rejected summarily. (D.G.KARNIK, J)