JUDGMENT :

Kurian, J.

The original owner-landlord/Mr. Satish Chander Aggarwal (who is no more) filed an application for eviction in the year 1975 on the ground of bona fide requirement for expansion of family business in the name and style of M/s. Roop Krishna Traders.

2. The Rent Controller dismissed the petition. The First Appellate Authority reversed the finding and granted eviction, on a finding that the premises was required for the business of the landlord. It is on record that the First Appellate Authority had undertaken a spot inspection so as to satisfy himself as to the bona fide need of the landlord.

3. The aggrieved tenant carried the matter before the High Court in a petition under Article 226 of the Constitution of India. In the meanwhile Mr. Satish Chander Aggarwal died on 04.07.2005. The death occurred after the order passed by the Rent Controller as well as the First Appellate Authority.

4. The High Court, taking note of the fact that the original landlord has expired, declined to go into the question of bona fide requirement. According to the High Court, the bona fide requirement of the father is one thing and the bona fide requirement of the son and daughter, who have