ORDER

Delay in filing application for substitution is condoned and the abatement is set aside.

2. Application for substitution is allowed and the legal representatives of deceased respondent Nos. 1, 4 and 5 as mentioned in the application are brought on record.

3. The principal controversy raised in this case is covered by the decision of this Court in Shri Ram Mandir Sansthan v. Vatsalbai & Ors.1 which lays down that tenancy is not heritable under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

4. Learned counsel for the respondents next contended that the suit instituted by the appellant under Section 100(2) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as the Bombay Tenancy Act ) was beyond time in view of the provisions contained in Section 12(c)(ii) of Mamlatdar s Courts Act, 1906 (hereinafter referred to as the Act ) which provide that the Mamlatdar shall reject the plaint where it appears upon the face of the plaint that the cause of action arose more than six months before the plaint was first presented. The learned counsel also referred to us the provisions of Section 5 of the Act specially sub-secti