Dharam Chand Chaudhary, J. Respondent No.5 is duly severed by way of publication, however, absent, hence proceeded against exparte. 2. Heard. 3. In the nature of the order proposed to be passed in this petition, there is no need to go into all factual details and also the law points urged on both sides. 4. As a matter of fact, the petitioners herein, who have sought their transposition as appellants in learned lower appellate Court, were not party in the Rent Petition. True it is that their predecessor-in-interest Shri Manmohan Singh, being one of the legal heirs of the original tenant Shri Jagat Singh, was substituted as such in the rent petition on the death of said Shri Jagat Singh. 5. A perusal of the impugned order reveals that said Shri Manmohan Singh has also died on 12.8.2011 i.e. well before the decision of the Rent Petition by learned Rent Controller vide order dated 1.6.2012. The Rent Petition was decided without taking note of death of said Shri Manmohan Singh and substitution of his legal representatives. Learned Appellate Authority below has noticed in the impugned order that the factum of death of said Shri Manmohan Singh was neither disclosed by the petitioners-landlords nor by the respondents-tenants. It is for this reason learned Rent Controller has not taken note of his death nor his legal representatives, the petitioners herein, could be substituted in the Rent Petition. 6. The petitioners herein, who, as a matter of fact, have filed the appeal against the order passed by learned Rent Controller before Appellate Authority below and in the memorandum of appeal at her own had impleaded the legal representatives of deceased Manmohan Singh, the petitioners herein, as respondents without seeking permission of learned lower Appellate Court. As a matter of fact, appropriate course available to them was to have filed some application along with the appeal clarifying all necessary details qua the death of deceased Manmohan Singh during the pendency of the Rent Petition in the Trial Court and the failure of the parties on both sides to take consequential steps i.e. substitution of his legal representatives during the course of proceedings before learned Rent Controller. It is only on an application of this nature, learned lower Appellate Authority had an occasion to have gone into the question of the substitution of the petitioners being the legal heirs of deceased Manmohan Singh in the appeal and the abatement of the proceedings on his death, if any. 7. True it is that the impugned order gives an impression that the application was filed by the petitioners herein for their impleadment as appellants because the same was filed with a prayer to transpose them as appellants along with Kuljeet Kaur. However, the petitioners could have sought their transposition as appellants only in a situation had they been legally and validly impleaded as respondents in the appeal. Therefore, learned Appellate Authority, no doubt, has discussed the factum of the death of deceased Manmohan Singh during the pendency of the petition in the trial Court and consequences thereof while passing the impugned order, however, instead of recording any findings qua this aspect of the matter switched over to other aspect i.e. eviction order is binding on each and every tenant in the case of joint tenancy. 8. As a matter of fact, there was no need to go into this aspect of the matter and the application should have been disposed of taking into consideration the factum of the petitioners herein being not legally impleaded as respondents in the appeal. Anyhow, the result will remain the same i.e. dismissal of the application, however, with liberty reserved to the petitioners herein to approach learned lower appellate Court by filing appropriate application for seeking their impleadment, in accordance with law, either appellants or respondents, as the case may be. In case, any such application is filed within four weeks, learned Appellate Authority below shall consider the same, in accordance with law, and decide the same within three months thereafter uninfluenced by any finding recorded in the impugned order. The petitions are accordingly disposed of. Record be sent back.