JUDGMENT

DESAI, J.:— The respondent, L. Balakrishnan, filed original suit No. 1010 of 1967 in the Court of Second Additional Munsif, Agra against a firm styled as "The Upper India Cables Ltd. and Ors." and its partners constituting the firm at the relevant time for eviction from the premises occupied by the firm as a tenant on the ground that the tenant has impaired the value and utility of the demised premises. The suit was resisted by the defendants - present appellants.

2. The suit for eviction was dismissed by the trial Court. The respondent-landlord preferred Civil Appeal No. 234 of 1970 in the court of II Additional Civil Judge, Agra. The appeal of the landlord succeeded and a decree for eviction was made. There was also a decree for mesne profits and cost.

3. The firm and the partners filed Second Appeal No. 1017 of 1971 in the High Court of Judicature at Allahabad.

4. When the appeal was pending two of the partners Shyam Lal and Gulab Chand died. This fact came to the notice of the High Court when the appeal was taken up for hearing. The High Court posed to itself the only question whether the appeal abated because the heirs and legal representatives of the two deceased partne