1. THIS appeal from appellate decree at the instance of two of the substituted heirs and legal representatives of the sole deceased defendant tenant arises out of a suit for eviction admittedly governed by the provisions of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the said Act. The tenant defendant having died pending the suit, the plaintiff landlord brought on record by substitution well within the time prescribed by law, such of his heirs and legal representatives as were ordinarily residing with the tenant defendant at the time of his death. The plaintiff landlord however left out two of the sons and two of the daughters of the deceased tenant defendant not so residing with him at the time of his death. The heirs and legal representatives so substituted made all attempts to delay the proceeding in various manners and on the expiry of 90 days from the date of death of the tenant defendant raised an objection that some of the heirs and legal representatives of the deceased tenant defendant having been left out and the time for substituting them having expired, the suit has abated not only against them but as a whole. The objection so raised pr