Judgment

UNTWALIA, J.: - This appeal by the plaintiffs filed by special leave of this Court against the defendant respondent arises out of a suit for eviction instituted by the former against the latter from the suit premises situated in the town of Patna. According to the case of the plaintiffs the defendant had been inducted as a monthly tenant of the premises on a rent of Rs. 135/- per month. Subsequently, as a result of a decree in a Partition Suit between the plaintiffs and their cosharers the property was allotted to the farmer and they became the absolute owners thereof. Plaintiffs wanted to evict the defendant on the ground of non-payment of rent, breach of the conditions of the tenancy and on account of their bona fide personal requirements of the suit premises. The defendant in his defence took the plea that he was not the tenant of the premises, the tenant was Liberty and Co. and that the plaintiffs were not the absolute owners thereof, as the decree for partition had been set aside in a first appeal filed in the Patna High Court, there were others who also were the landlords. Some other pleas were also raised to resist the suit for eviction.

2. The suit was instituted on