Judgment

PATHAK, J.:- This is a plaintiffs appeal by special leave against the judgment and decree of the High Court at Calcutta dismissing their suit for ejectment and arrears of rent.

2. The appellants are the owners of house property situate in Mauza Memari in the district of Burdwan in West Bengal. The respondent is the tenant of some rooms in the said property on a monthly rental of Rs. 100/-. The appellants filed a suit, out of which the present appeal arises, claiming that the respondent was in arrears of rent which he refused to pay despite demand, and that the accommodation was required for demolition to enable the appellants to construct separate houses for their own business.

3. The suit was resisted by the respondent who alleged that he had been let in by one Sishubala Bisayee, that the appellants had no title to the property and had fraudulently secured some documents from her which had given rise to a suit which was pending. It was also denied that the premises were old and needed to be demolished, and that the respondent was in arrears of rent.

4. The suit was decreed by the trial Court, which found that the respondent was a tenant of the appellants, and that the appella