( 1 ) THE only point which I have been called upon to decide, in this rule under Article 227 of the Constitution, at the instance of the landlord in proceedings for eviction of thika tenants, is: in the lis initiated by Naravan Prosad Ruia as karta of the joint Mitakshara family, consisting of himself and his three minor sons: (1) Mahendra Kumar Ruia, (2) Su-rendra Kumar Ruia, and (3) Mahesh Ku-mar Ruia, just as the cause-title of the application under Section 5 of the Calcutta Thika Tenancy Act, 2 of 1949, is, Surendra Kumar Ruia having died on February 2, 1965, during the carriage of the lis, and his mother, the only heir, having not been substituted in her place to this day, does the lis as a whole abate?

( 2 ) THE Thika Controller solves the problem by expunging the name of the deceased: vide his order No. 34 dated October 8, 1966. The appellate Judge takes a different view on this "knotty point", as he puts it, governs himself by the Full Bench decision of the Kerala High Court in Venkiteswara Pai Ram Pai v. Luis. and finds that the lis for eviction is not maintainable In absence of the heir of the deceased Surendra Kumar Ruia. Hence this rule.

( 3 ) MR