1. - Facts giving rise to this second appeal under Section 100 C.P.C. briefly narrated are that respondent plaintiff filed a civil suit against the original tenant Mohd. Adam Kureshi, on 1-8-1975, for eviction and arrears of rent with the averments that the tenant committed default in payment of rent from 1-2-1973 and the suit shop was required by the plaintiff. The defendant in his written statement while admitting his tenancy denied the grounds of eviction. Issues were framed and after recording the evidence of the parties, decree of eviction vide judgment dated 10-9-1997 was passed on the ground that requirement of plaintiff was reasonable and bonafide and comparative hardship would be caused to the plaintiff in case decree of eviction is not passed.

2. First Regular Appeal No. 40/97, filed by the original tenant Mohd. Adam Kureshi was dismissed by learned Additional District Judge No. 1, Kota, vide impugned judgment dated 8-7-2002, on the ground that the appellant-tenant died during the pendency of appeal on 18-12-2001 and his legal heirs being not tenant, under the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as the 'Act') are not