( 1 ) THIS matter arises out of the execution of a decree. The appellant is the heir of original plaintiff-decree-holder whose suit for eviction under the Saurashtra Rent Act was dismissed by the trial Court and the District Court. That original plaintiff filed a Second Appeal in the year 1965; and during the pendency of the said appeal he died on April 3 1968 But the High Court and the respondents in the High Court did not know of the death of the said appellant-plaintiff. The result was that the appeal was decided on merits and the High Court reversed the judg- ment and decree of dismissal of the suit passed by the Courts below and decreed the suit for possession. Naturally therefore present appellant took out execution proceedings for execution of that decree; and in execution proceedings the respondents judgment-debtors contended that the decree in favour of the plaintiff having been passed in Second Appeal after his death and he being the sole appellant was a nullity and therefore not executable. This contention though it did not find favour with the lower appellate Court ultimately found favour with the learned Single Judge in Second Appeal who held that the de