1. This revisional application arises out of an ejectment proceeding taken by the plaintiff - petitioners against their tenant, one Janabai Bapuji. The plaintiff gave a notice to the tenant terminating her tenancy on the ground that she was in arrears of rent from July to December 1959. The notice was given on 28th January 1960. Thereafter, the petitioners filed the suit on 20th of June 1960 in the Small Causes Court at Bombay under the Rent Restriction Act . The tenant contested the proceeding. She contended that she was a tenant for about 20 years. She admitted the notice but said that after the receipt of the notice she offered part of the rent to the plaintiff as she was out of work but the plaintiff refused to accept the same and demanded all the arrears. She stated that she should be allowed to pay the rent by instalments. During the pendency of the suit, she died. The opponent was brought on record. He claimed to be the son of the deceased and also claimed that he was living in the premises and as such entitled to be a tenant. He further contended that even if the right to evict the tenant had accrued to the plaintiff, he could not be evicted in law - though there were arre