( 1 ) BHIL Kanji Bhagwan, petitioner-original defendant since deceased through his heirs and legal representatives have filed this Civil Revision application under Sec. 29 of the Bombay Rent Act, challenging the judgment and decree dated 30th April, 1979, passed by the learned District Judge, Rajkot, in Civil Appeal No. 109 of 1978. The learned Judge by his impugned judgment was pleased to allow the appeal and was pleased to quash and set aside the judgment and decree dated 31st August, 1978, passed by the learned Jt. Civil judge (J. D.), Rajkot in Regular Civil Suit No. 886 of 1975 filed by original plaintiff Karsan Bijal and others respondents herein.

( 2 ) THE facts giving rise to this Civil Revision Application are as under :2. 1 Karsan Bijal and others - plaintiffs (respondent No. 1 in the petition since deceased through his legal heirs and representatives) had given the suit premises situated at Juna Bhilwas, Sheri No. 7, Near Jansatta Press at Rajkot (hereinafter referred to as the suit premises) on lease to the defendant Kanji bhagwan (since died during the pendency of the proceedings now through his legal heirs and representatives) for monthly rent at Rs. 9