(1.) Delay in filing application for substitution is condoned and the abatement is set aside.
(2.) Application for substitution is allowed and the legal representatives of deceased respondent Nos. 1, 4 and 5 as mentioned in the application are brought on record.
(3.) The principal controversy raised in this case is covered by the decision of this Court in Shri Ram Mandir Sansthan v. Vatsalbai, (1999) 1 SCC 657 : (1999 AIR SCW 121 : AIR 1999 SC 520) which lays down that tenancy is not heritable under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.