1. AS prayed for by Mr. Chatterjee, learned Advocate-on-record for the appellants, he is permitted to correct the cause title of the Memorandum of the Appeal in S. A.T. No. 3489 of 2005.

2. THESE two second appeals arise out of a suit for eviction and are directed against a judgment of reversal.

The only question that arises for determination in these two second appeals is whether in the absence of all the heirs of the deceased contractual tenant, a suit for eviction is maintainable by impleading some of the heirs.

3. IN the present cases, there is no dispute that on the death of the original tenant some of the heirs have been made parties excluding two of his daughters. The plaintiffs in the plaint have not even made out a case that after the death of the contractual tenant, all his heirs surrendered the tenancy and any new tenancy was created in favour of the defendants alone. The plaint proceeded as if on the death of the contractual tenant the defendants alone inherited the property; but ultimately at the time of hearing, as pointed out by those defendants, it has been established that two of the daughters were not made parties.

4. THE learned First Appellate Court bel