Judgment

SHARMA, J. :- The present appeal arises out of a suit filed by the respondent Radheyshyam for eviction of the original appellant Surajmal from the demised premises comprised of a shop described in the plaint., The premises was in possession of Surajmal in the capacity of a tenant and the respondent-landlord prayed for a decree of eviction on the grounds of personal necessity and default in payment of rent.,

2. The trial Court dismissed the suit and the plaintiff appealed. Before the appellate Court the plaintiff urged only the ground of personal necessity which was accepted. The defendant besides challenging the plaintiffs case, raised a plea of res judicata on the basis of a judgment dismissing an earlier suit on the ground of necessity. The appellate Court rejected the plea and decreed the suit. The defendant approached the Madhya Pradesh High Court with an appeal under S. 100 of the Civil P.C. which was dismissed. He thereafter filed the present appeal by special leave before this Court. The appeal was dismissed on the 17th of February, 1987.

3. It appears that the sole appellant Surajmal died on 29-6-1983, leaving behind his widow and a number of children mentioned in the