Mookherjee, A.C.J.

An application for substitution was preferred on behalf of the executor to the state of the respondent to the present appeal. In course of hearing, however, affidavits were filed by other heirs indicating to the Court that they had no objection to the impleadment of the executor in place and stead of the plaintiff/respondent, either by himself or along with other heirs. It was also stated before this Court that the Will left by the deceased had been probated.

2. In such view of the matter, we dispose of the substitution application and the connected affidavits by directing that executor as also all the heirs as mentioned in the affidavit of Srimati Jiwani Kumari Parakh be substituted in her place and stead and a formal amendment of the memorandum be carried out by the Department.

3. This is an appeal at the instance of an alleged subtenant in a shop room in the disputed premises. There was a decree which was conformed upto the Apex Court for possession and the said decree was put into execution. In the execution application, the present appellant was impleaded as a party along with a prayer that the delivery of vacant possession be made, amongst others, of t