Case Note & Summary
The present Civil Revision Application was filed under Section 29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, by the original defendants (applicants) against the judgment and decree dated 31.12.2025 passed by the 3rd Additional District Judge, Vadodara, in Regular Civil Appeal No.176 of 2024, which had confirmed the trial court's order rejecting the impleadment application of the legal heirs of the deceased plaintiff-tenant and abating the suit. The original plaintiff, Sureshchandra Ashabhai Kharva, had filed Rent Suit No.71 of 2021 for declaration and permanent injunction against the defendants claiming to be the tenant of a shop. During the pendency of the suit, the plaintiff died on 29.12.2023. His legal heirs (respondents herein) filed an application for impleadment as plaintiffs. The trial court, by order dated 02.08.2024, rejected the impleadment application and on 13.08.2024 passed an order of abatement of the suit. The legal heirs appealed, and the appellate court confirmed the trial court's orders. The defendants then filed this revision. The High Court framed the issue of whether the legal heirs could be substituted. The applicants argued that the suit was personal and abated, while the respondents contended that tenancy rights are heritable. The Court analyzed Section 29(2) of the Act and Order 22 Rule 3 CPC, holding that tenancy rights are heritable and the legal heirs are entitled to continue the suit. The Court set aside the impugned orders, allowed the impleadment, and directed the trial court to proceed with the suit from the stage it stood before the plaintiff's death.
Headnote
A) Rent Control - Impleadment of Legal Heirs - Heritability of Tenancy - Section 29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 - The legal heirs of a deceased tenant are entitled to be substituted as plaintiffs in a pending suit for declaration and permanent injunction, as tenancy rights are heritable under the Act. The trial court erred in rejecting the impleadment application and ordering abatement without considering the provisions of Order 22 Rule 3 of the CPC. Held that the suit does not abate and the legal heirs must be brought on record to continue the proceedings (Paras 5-10).
Issue of Consideration
Whether the legal heirs of a deceased tenant can be impleaded as plaintiffs in a pending rent suit and whether the trial court was justified in rejecting the impleadment application and ordering abatement of the suit.
Final Decision
The High Court allowed the Civil Revision Application, set aside the impugned judgment and decree dated 31.12.2025 and the trial court's orders dated 02.08.2024 and 13.08.2024, allowed the impleadment application of the legal heirs, and directed the trial court to proceed with the suit from the stage it stood before the death of the original plaintiff.
Law Points
- Legal heirs of deceased tenant can be substituted as plaintiffs in a pending suit for declaration and injunction under the Bombay Rents
- Hotels and Lodging House Rates Control Act
- 1947
- as tenancy rights are heritable
- Order 22 Rule 3 CPC applies
- and abatement is not automatic without proper notice and opportunity.
Case Details
R/Civil Revision Application No. 141 of 2026
Manan B. Pandya for applicants, B.K. Raj for respondents
Gopalbhai Kalidas Kharva & Anr.
Kharva Sarlaben Wd/o Sureshchandra Kharva & Ors.
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Nature of Litigation
Civil Revision Application under Section 29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947, challenging the rejection of impleadment application and abatement of a rent suit.
Remedy Sought
The applicants (original defendants) sought to quash and set aside the judgment and decree dated 31.12.2025 passed by the appellate court, which confirmed the trial court's order rejecting the impleadment of legal heirs and abating the suit.
Filing Reason
The trial court rejected the application of the legal heirs of the deceased plaintiff-tenant to be impleaded as plaintiffs and ordered abatement of the suit, which was confirmed by the appellate court.
Previous Decisions
The trial court (Small Cause Court, Vadodara) rejected the impleadment application on 02.08.2024 and ordered abatement on 13.08.2024. The appellate court (3rd Additional District Judge, Vadodara) confirmed these orders on 31.12.2025 in Regular Civil Appeal No.176 of 2024.
Issues
Whether the legal heirs of a deceased tenant can be substituted as plaintiffs in a pending suit for declaration and permanent injunction under the Bombay Rent Act.
Whether the trial court was justified in rejecting the impleadment application and ordering abatement of the suit.
Submissions/Arguments
Applicants argued that the suit was personal to the deceased tenant and abated upon his death, and the legal heirs cannot be substituted.
Respondents contended that tenancy rights are heritable under the Bombay Rent Act and the legal heirs are entitled to continue the suit as plaintiffs.
Ratio Decidendi
Tenancy rights are heritable under the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947. The legal heirs of a deceased tenant are entitled to be substituted as plaintiffs in a pending suit for declaration and permanent injunction. The provisions of Order 22 Rule 3 of the CPC apply, and the suit does not abate automatically upon the death of the tenant. The trial court erred in rejecting the impleadment application and ordering abatement without considering the heritability of tenancy rights.
Judgment Excerpts
The present Civil Revision Application is filed under Section 29 (2) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947...
Plaintiff-Sureshchandra Ashabhai Kharva filed a suit being Rent Suit No.71 of 2021 for declaration and permanent injunction...
Pending the suit, Sureshchandra Ashabhai Kharva-tenant expired on 29.12.2023.
Learned trial Court... rejected the application vide order dated 02.08.2024, and thereafter on 13.08.2024 passed an order of abatement of the suit.
Procedural History
Original plaintiff filed Rent Suit No.71 of 2021 in the Small Cause Court, Vadodara. Plaintiff died on 29.12.2023. Legal heirs filed impleadment application. Trial court rejected impleadment on 02.08.2024 and abated suit on 13.08.2024. Legal heirs appealed to the 3rd Additional District Judge, Vadodara, who confirmed the orders on 31.12.2025 in Regular Civil Appeal No.176 of 2024. Defendants filed Civil Revision Application No.141 of 2026 in the High Court of Gujarat, which was allowed on 24.03.2026.
Acts & Sections
- Bombay Rents, Hotels and Lodging House Rates Control Act, 1947: 29(2)
- Code of Civil Procedure, 1908: Order 22 Rule 3
