Honble NAOLEKAR, J. —The decree for ejectment from the suit premises on the ground of personal need was granted against Navneet Rai. During the pendency of the appeal, Navneet Rai died on 21.3.92 and his legal representatives Ku. Shashi Gupta (daughter), Suresh Prakash, Vijay Prakash and Anil Gupta were joined as a party in his place in the second appeal vide order dated 30.07.1992.

(2). The matter come up for hearing.

(3). It is contended by the counsel for the respondent that the legal representatives are not the tenants within the meaning of Section 3 (vii) (b) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, the Act) and, therefore, this appeal be dismissed.

(4). On the other hand, it is contended by the counsel for the appellant that as the legal representatives have already been joined as a party in the second appeal, the question whether they are the tenant or not, can only be decided after enquiry to the effect whether they fall within the definition of tenant as given under the Act. The joining of the legal representatives of Shri Navneet Rai is for the purposes of continuing the appeal and simply because they have been joined as a party in the s

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