Rule. By consent, made returnable forthwith. Heard Mr. Shivan Dessai, learned Counsel for the petitioners and Mr. S.D. Lotlikar, learned Senior Counsel for the respondents.

2. This petition by legal representatives of deceased partner of tenant firm takes exception to dismissal of their appeal by the Administrative Tribunal. Original landlord too has expired and the respondents are his children.

3. There is no dispute that premises in question had been let out by original landlord Zoivanta to MIs. Heble's Pest Control Services for residential purposes by an agreement dated 30-7-1971 @ Rs. 3001- p.m., which was enhanced to Rs. 500/- p.m. by mutual consent. By eviction application No. 6/89 filed on 23-61989, the landlord sought possession of the premises for personal occupation. At that time, landlord claimed to have been 77 years old and his wife was 72 years old. Landlord claimed possession of the premises since he wanted to shift to Panaji for treatment of his wife.

4. On 21-5-2004 landlord's wife expired. Two of the three partners of the tenant firm too died in 1991. However, according to the Rent Controller, the third partner Anil Heble, being alive, the suit did not abat