R.S.Narula, J.

1. Joshi Ram (predecessor-in-interest of respondents) filed an application for ejectment of one Dhansi Ram before the Rent Controller Ferozepore, in July, 1972. During the pendency of the application Joshi Ram died in August, 1975, and Dhansi Ram died in October, 1975. The legal representatives of Joshi Ram were brought on the record and they filed the amended application for ejectment on or about November 1, 1975. When the legal representatives of Dhansi Ram were brought on the record, they filed a fresh written statement in reply to the amended petition on January 31, 1976. In their written statement they took up inter alia an objection to the effect that Dhansi Ram was not an individual tenant but the firm was the tenant. The legal representatives of the landlord, objected to this new plea being taken up particularly when it was inconsistent with the admission of the landlords claim about Dhansi Ram being the tenant in the written statement filed by Dhansi Ram before his death. By its order dated April 8, 1976, the Court of Shri M. S. Sehmee, Rent Controller, Ferozepore, allowed the objection of the respondents and held that the legal representatives of de