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 by the appellant herein has been directed to be dismissed. Feeling aggrieved thereby, this appeal has been filed by special leave.

( 3 ) HAVING heard the learned counsel for the parties, we are satisfied that the impugned order of the High Court cannot be sustained. What would be the effect of the death of the landlord on the decree for eviction, passed by two courts below, shall have to be examined by the High Court if it can take note of such subsequent event, but before a decree under appeal may be reversed someone shall have to be heard in support of the decree. The term "legal representative" has been defined in clause (11) of Section 2 of the code of Civil Procedure as meaning a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased. The question of abatement would arise only when there is no legal representative. The appellant before us who claims to be donee of the suit property certainly falls within the definition of "legal representative" as noticed hereinabove. The appellants prayer for being brought on record in place of the deceased respondent in the High Court could not have been denied. Whether the decree under appeal can be sustained or not in view of the subsequent event, would be a question to be examined by the High Court but only after the applicant before it was permitted to be brought on record. We do not express any opinion on that aspect of the issue as the same would be examined by the High Court on its own merits.

( 4 ) THE appeal is allowed. The impugned order of the High Court is set aside. Instead, the application filed by the appellant before us, as applicant in the High Court, seeking to be brought on record in place of the deceased plaintiff (respondent in the High Court) is allowed. After the cause-title has been corrected, the appeal shall be heard and decided on its own merits by the High Court.

( 5 ) THE parties through their respective counsel are directed to appear in the High Court on 2-5-2005. The High Court shall thereafter proceed to hear and decide the appeal as expeditiously as it can.