D.G. Palekar, J. - (1.) This appeal by special leave arises in the following circumstances.
(2.) Plaintiff (Respondent No. 1) filed Civil Suit No. 35 of 1963 against one B.N. Chatterji in the court of Munsif, Ajmer City, for ejectment from the first floor of the house known as 'Krishna Bhawan'. The ejectment was sought on the ground that the plaintiff required the house bonafide for the residence of himself and his family. B.N. Chatterji - the defendant, contested the suit and alleged that the landlord did not require the premises bonafide. The learned Munsif by judgment dated January 17, 1964 held in favour of the landlord and decreed the suit for ejectment. From that decree the tenant filed Civil Appeal No. 59/1964 in the court of the District Judge, Ajmer. The learned Judge held that the landlord did not require the premises reasonably and bonafide and allowed the appeal and dismissed the suit.
(3.) Thereupon the landlord filed second appeal No. 390/1965 in the Rajasthan High Court. 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. The widow Kalyani Devi died on 24-6-1969 and her heirs are the legal representatives-already on record. 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 court to urge the following point. That the respondent (original tenant B.N. Chatterji) died after the filing of this appeal. That the deceased after the determination of the tenancy was only a statutory tenant and under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 the protection granted by Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act is not available to the heirs of the tenant. As such, even if it be held that the landlord has failed to prove the reasonable and bonafide requirement, which the appellant does not concede, the appellant is entitled to a decree in pursuance of the decision of a division bench of this High Court passed on 7-4-1966 in D.B. Special Appeal No. 3 of 1965.;