Honble M.C. JAIN, Actg. C.J.—The question which has been referred for consideration by the learned Single Judge is as to whether after the death of the tenant his widow and children are entitled to retain the premises for the purpose of carrying on the business which is being carried on by the tenant in the said premises? This question involves the interpretation of the definition of the expression "tenant" as contained in Section 3 (vii) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act).

2. The facts, in brief, are that Ram Swaroop had taken a shop on rent at Rs. 16/-per month from Smt. Naroti Bai, respondent herein. The respondent filed a suit for eviction against Ram Swaroop on the ground of default in payment of rent and bonafide and reasonable personal necessity of premises for the use or occupation of the husband and son of the respondent. The said suit was decreed by the Additional Munsiff, Ajmer by his judgment and decree dated 16.12.1981. Ram Swaroop filed an appeal against the said judgment and decree of the Munsiff in the Court of District Judge, Ajmer and the said appeal was transferred for disposal to the Additional

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