Judgment

M. Jagannadha Rao, J.-Leave granted.

2. This is an appeal by the landlords for possession of a non-residential premises from the respondent-tenant. The suit No. 37 of 1986 was filed before the Civil Judge, Junior Division, Panvel by the original landlord for his own use pleading bonafide and reasonable requirement. The respondent-tenent resisted the suit contending that the plea of bona fide requirement was not acceptable. During the pendency of the case in the first Court, the original plaintiff died and his heirs, the appellants were brought on record. They filed an application for amendment under Order 6 rule 17 of the Code Procedure and the same was allowed. The third legal representative pleaded that the same premises was required for himself for starting a grocery business. He stated that he was working in Metal Box. Co., that there was a lock-out in that company, that he was finding it difficult to maintain the family and wanted to improve his livelihood by starting grocery business. On the amended pleadings, both parties led evidence. The trial Court held that on the death of the original landlord, the suit abated because the original landlord’s requirement was for