High CourtsSingle Bench(1991) 01 MAD CK 0013

N.S. Gopalram vs S.L. Maheswari

Madras High Court · Decided on 11 January 1991 · Citation: (1992) 1 LW 290 : (1991) 2 MLJ 243

HON’BLE JUDGES
S.T. Ramalingam, J

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Judgment

9 paragraphs · 202 words

S.T. Ramalingam, J.—The tenant is the revision petitioner. His landlady filed R.C.O.P. No. 39 of 1987 on the file of the rent Controller,

Melur. During the pendency of the R.C.O.P., the landlady died. On her death, the beneficiary under a registered will executed by the landlady

sought to implead herself as a person entitled to prosecution the proceedings. The learned Rent Controller allowed here to be impleaded as a

person entitled to prosecute the petition. It is against that, this revision has been filed by the legal representative.

2.

Learned Counsel for the revision petitioner contended that without proving the will, it is not open to the beneficiary under the will to prosecute

the eviction proceedings. I do not agree with him. The will is a registered one. As such, a prima facie case has been made out and the beneficiary

under a registered will is entitled to prosecute the eviction proceedings initiated by the testator. In case the tenant feels that the will is a forgery, it is

open to him to take appropriate proceedings attacking the genuineness of the will. Hence I am no illegality or irregularity in the order of the court

below. The civil revision petition is dismissed.