Judgment

A.K. Mathur, J.—Leave granted.

2. This appeal is directed against an order passed by the learned Single Judge of the Madhya Pradesh High Court in Second Appeal No. 382 of 1999 whereby learned Single Judge allowed the appeal of the defendants and set aside the decree of eviction granted by the first appellate court. Hence this appeal.

3. The original owner of the property which is situated in Khargaon Nagar was one Madhav Rao. He let out the suit premises to one Balakrishna on a monthly rent of Rs. 50/- on 1.12.1950. Later on a rent note was executed inter se parties on 24.11.1955. On 3.3.1964 Madhav Rao felt the need of money and therefore, he took a sum of Rs. 15,000/- from Balakrishna and executed a mortgage deed on 3.3.1964 in favour of Balakrishna’s two sons namely Vijaykumar and Shyam Sunder mortgaging the suit premises. Madhav Rao then effected a partition of his properties including the present suit house which fell in the share of his son, Mahesh Parsai. Mahesh became the owner of the suit house. On his death, the present plaintiffs who are the widow and sons respectively succeeded to the suit premises and became owners. The plaintiffs claiming to be the owners and la