JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. This appeal by special leave arises from the judgment and order dated 18th of January, 2006 of the High Court of Madhya Pradesh at Gwalior in Writ Petition No.261 of 2006 dismissing the writ petition and affirming the order dated 17th of November, 2005 passed by the 8th Civil Judge, Class I, Gwalior in Civil Suit No. 40-A/2004.

3. One Shri Mohanlal Bansal (since deceased) as a plaintiff had instituted a suit for eviction and recovery of arrears of rent against one Shri Bhogiram (since deceased) in respect of a shop room situated at Kampoo, Lashkar, Gwalior, M.P. (in short the ‘suit premises’). During the pendency of the suit, the plaintiff had expired on 20th of June, 1989 and thereafter his widow, the respondent No.1 herein, filed an application for substitution as an heir and legal representative of the deceased in the pending suit. The appellant herein, the brother of the deceased plaintiff also filed an application for substitution/impleadment as heir and legal representative of the deceased plaintiff claiming the suit premises on the allegation that the deceased plaintiff had executed a Will in his favour on 11th of June, 19