V. S. Deshpande, J.

( 1 ) ON facts stated below, two questions arise for decision, namely :-

(1) If a tenant (whose contractual tenancy has already been terminated) dies during the pendency of a suit or a proceeding for his eviction filed by the landlord, is the landlord entitled to a decree or order for the possession of the premises against the legal representatives of the deceased tenant in the same proceeding? and (2) In what circumstances can such a decree or order be challenged as being without jurisdiction by the said legal representatives in the executing court?

( 2 ) THE landlord respondent Vijay Kumar field a suit against his tenant Kidar Nath Malhotra for arrears of rent and eviction on February 18, 1955 under the Delhi and Ajmer Rent Control Act, 1952 (hereafter called the 1952 Act ). But the tenant died even before he was served wit htbe summons of the suit. The landlord alleged that he had already terminated the contractual tenancy of Kidar Nath who had, therefore, become only a statutory tenant and as such, the legal representatives of the tenant did not inherit either the tenancy or the statutory protection which was personal to the deceased tenant. He nevertheless ap

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