Heard Shri J. J. Chandurkar the learned counsel for the appellant. Nobody appearing for the respondent.

2. By the present appeal, the legal representatives of original plaintiff Rajendra are challenging the judgment and decree passed by learned Jt. Civil Judge Senior Division Amravati dated 7-8-1987 in Special Civil Suit No. 74/1984 and judgment and decree passed by learned 2nd Additional District Judge Amravati dated 20-8-2003 in Regular Civil Appeal No. 213/2000, by which both the Courts below dismissed the suit for declaration and permanent injunction.

3. The present appeal was admitted on 25-3-2004 on following substantial question of law :

“Whether the tenant is entitled to transfer the tenanted property by Will?”

4. For answering the aforesaid substantial question of law it would be useful to refer the facts which gives rise to the present appeal. Rajendra Konde filed a suit for declaration and permanent injunction. One Natthuji was having one brother by named Rajaram. Natthuji was having three sons Deorao, Gulabrao and Sahebrao. Plaintiff Rajendra is son of Deorao