VINEET KOTHARI, J. - (1.) THIS second appeal has been filed by the defendant tenant against the concurrent eviction decree passed by the two courts below under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The present appellants are legal heirs of original tenant -Mahendra Rai Baxi namely; Vyomesh Chandra Baxi, his son and Smt. Dropadi Devi, his wife. The plaintiff landlord is Smt. Laxmi Devi Pungaliya. Inter alia the ground of eviction was also subletting of suit premises, a shop situated at Jalori Gate, Jodhpur to respondent No. 2 - Shri Prakash son of Shri Ishwar, partner of M/s. Apex Dry Cleaners.
(2.) AT the time of admission of present second appeal, the following three substantial questions were framed by this Court: 1. Whether Sub -clause (b) of Clause (b) of Clause (vii) of Section 3 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 applies to a case where a suit was brought against the original tenant without terminating his tenancy under Section 106 of the Transfer of Property Act and such a tenant dies during the pendency of the suit? 2. Whether in the light of decision of Supreme Court in Kumar Jagdish Chandra Sinha v. Eileen K. Patricia D. Rozaria : AIR 1995 SC 515 all the heirs of deceased tenant Mahendra Rai would inherit the tenancy in the present case irrespective of whether they were carrying on business in the premises with him till his death or not? 3. Whether in the light of decision of Supreme Court in V. Dhanpal Chettier v. Yashodai Ammal : AIR 1979 SC 1745 it can be claimed that the contract of tenancy came to an end with filing of the suit? Later on, upon the death of one of the legal heirs of original tenant -Smt. Dropadi, vide order dated 18/2/1999 the appeal itself was dismissed as abated while rejecting the application under Order 22 Rule 3 CPC, however, that order was partially modified on 28/4/1999 and the appeal was allowed to be contested by legal heir already on record namely; Vyomesh Chandra Baxi, son of original tenant, and qua Smt. Dropadi the appeal was dismissed.
(3.) IT is also pertinent to mention here that original tenant Mahendra Rai Baxi expired during the pendency of the suit on 12/5/1991, while the present suit for eviction was filed by the plaintiff on 19/3/1987.;