Hon’ble Pankaj Mithal, J.—Petitioner is a tenant of the accommodation consisting of two rooms and one small Kothri situate on ground floor of house No. 11/84, Suter Ganj, Kanpur Nagar. Respondent No. 1 landlord filed small causes suit for her eviction form the said shop. The suit was dismissed by the small causes Court. The revision preferred by the respondent No. 1 was allowed vide judgment and order dated 12.9.2006.

The aforesaid revisional judgment and order is impugned in the present writ petition.

2. Petitioner Smt. Parwati Devi is said to have died on 5.1.2014. On her death one Navin Chourasiya, son of late Dinesh Kumar Chourasiya has applied for being substituted as her heir. He alleges that petitioner had executed a Will on 26.6.2013 and as she was living with him in the last days of her life, she has bequeathed her tenancy rights in the shop in dispute to him. On the basis of the above Will he alleges that he is in possession and is entitle to pursue the writ petition as the heir of petitioner.

3. The application has been opposed by the respondent No. 1 by filing a counter-affidavit to the same. It has been contended that by virtue of the Will dated 26.6.2013 the t