Judgment

( 1 ) LEAVE granted.

( 2 ) A suit seeking eviction of the respondent was filed by one Namita gupta on the ground available under Section 13 (1) (ff) of the West Bengal premises Tenancy Act, 1956. The suit was decreed by the trial court. The decree was upheld in appeal. Feeling aggrieved, the respondent tenant filed a second appeal before the High Court which was admitted for hearing the parties. It appears that during the pendency of the appeal, the landlord (respondent in the High Court) died. On behalf of the appellant in the High court, there was no application filed under Order 22 Rule 4 of the Code of civil Procedure. However, the appellant herein moved an application for being brought on record in place of the deceased respondent in the High court submitting that the suit property was donated to it by the late landlord. This application was contested by the tenant (appellant in the High Court) submitting that the suit having been filed on the ground of reasonable requirement of the landlord for his own occupation, the cause of action could not survive to the applicant seeking to be brought on record. The plea has prevailed with the High Court and the application filed