JUDGMENT

UNTWALIA, J.:—In these appeals by special leave the question which falls for our determination is whether the decision of a Bench of this Court consisting of two learned Judges in Phool Rani v. Naubat Rai Ahluwalia, (1973) 3 SCR 679 is correct. If not, whether the appellants are entitled to get a decree for eviction in respect of the suit premises against the defendant respondent.

2. Thakordas Bhagwandas - the father of the three appellants was owner of the suit premises. He was a partner in a partnership firm styled as Jai Hind Silk Weaving Works. There were three more partners in the firm - one of whom was Shantilal Thakordas, appellant No. 1, son of Thakordas Bhagwandas. The other two were outsides. The suit was filed against respondent Chimanlal Maganlal Telwala for his eviction from the premises on several grounds. The only ground which need to be mentioned for the purpose of the disposal of this appeal is Thakordass claim of requiring the premises reasonably and bona fide for occupation by himself within the meaning of Section 13 (1) (g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The necessity pleaded by the original plaintiff was that he re