Judgment

UNTWALIA, J. - In this appeal by special leave the appellants and respondent No. 2 were the defendants in a suit filed by plaintiff-respondent No. 1 for eviction and other reliefs in respect of the suit premises. The suit was dismissed by the trial Court but decreed by the First Appellate Court. The second appeal filed by the defendant in the High Court of Madhya Pradesh was dismissed.

2. The demised property is a shop situated at a place in the district of Hoshangabad. It was let out by the father of the plaintiff to the husband of defendant No. 1 and the father of the other defendants in the year 1951 at a monthly rent of Rs. 50. A Bhojnalaya was being run in the shop by the tenant. The plaintiffs father was running a sweetmeat shop in a rented premises the rent of which was Rs. 225 per month. The plaintiffs father died in 1970. Sometime later the original tenant, the predecessor-in-interest of the defendants, also died. He had paid rent up to September, 1972. After the death of the original tenant, the defendants became the tenants of the suit shop. The plaintiff served a notice on the defendants terminating the contractual tenancy w.e.f. 31-12-1972. The suit for eviction