Appeal by special leave from the judgment and order dated January 1, 1971 of the High Court at Jodhpur in S. B. Civil Second Appeal No.
From that decree the tenant filed Civil Appeal No.
428 N of 1971.
59/1964 in the companyrt of the District Judge, Ajmer.
The ejectment was sought on the ground that the plaintiff required the house bonafide for the residence of himself and his family.
The widow Kalyani Devi died on 24 6 1969 and her heirs are the legal representatives already on record.
During the pendency of the appeal, the tenant B. N. Chatterji died on 31 7 1967 and his widow and children were brought on record as his heirs and legal representatives.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Vinoo Bhagat and J. K. Sethi, for respondent No.
Plaintiff Respondent No.
The learned Munsif by judgment dated January 17, 1964 held in favour of the landlord and decreed the suit for ejectment.
The Judgment of the Court was delivered by Palekar, J. This appeal by special leave arises in the following circumstances.
B. N. Chatterji the defendant, companytested the suit and alleged that the landlord did number require the premises bonafide.
1 filed Civil Suit No.
Sobhag Mal Jain, for the appellants.
390 of 1965.
35 of 1963 against one B. N. Chatterji in the companyrt of Munsif, Ajmer City, for ejectment from the first floor of the house known as Krishna Bhawan.
When the appeal came before a single Judge of the High Court for hearing, the landlord, who was the appellant in the second appeal, sought the permission of the companyrt to urge the following point.
That the respondent original tenant B. N. Chatterji died after the filing of this appeal.
390/1965 in the Rajasthan High Court.
