JUDGMENT

G.P. Mathur, J.-It is a shocking case. A suit for eviction of a tenant was instituted more than 42 years back in March, 1962 for the bona fide need of carrying on business by the owner landlord but his widow and sons are still knocking the doors of court of justice. During the pendency of the appeal filed by the tenant the landlord died leaving a widow and minor sons but this, the High Court thought, came to the advantage of the tenant, rendering the suit liable for dismissal, little realizing that they also needed some place to carry on business for survival. Such extreme views erode the faith of people in the judicial system prompting them to take recourse to extra judicial methods to recover possession of their property.

2. These appeals by special leave have been preferred against the judgment and order dated 3.9.1997 of the High Court of Madhya Pradesh by which the second appeals filed by the respondents/tenants were allowed and the suit for their eviction was dismissed.

3. Girdhari Lal Gattani (husband of appellant No.1 and father of appellants No.2 to 4) filed a suit on 31.3.1962 for eviction of Magan Lal (father of respondents) from a non-residential premises. The sui