ALTAMAS KABIR, J.

( 1 ) ONE Bhavani Shankar, the father of the Respondent Nos. 1 and 2, subhash Paliwal and Gopal Paliwal, was the owner of several properties, including the disputed shop room. After his demise, on 3d January, 1998, subhash Paliwal and Gopal Paliwal filed a suit against the Petitioners for their eviction from the shop room in question on the ground of personal necessity and bona fide necessity of Sandeep, son of Subhash Paliwal, for his painting business. On 22nd July, 1998, the Petitioners filed an application under Order XI, Rules 12 and 14 of the Code of Civil Procedure, 1908, for a direction upon the Respondents to produce on record the Will said to have been executed by their late father, Bhavani Shankar, on 21st July, 1989, whereby he was alleged to have bequeathed the disputed shop room to his younger son, Gopal Paliwal, thereby asserting that Subhash Paliwal was not the owner of the suit shop room and the suit for eviction for the bona fide need of his son was not, therefore, maintainable.

( 2 ) AFTER hearing the submissions made on behalf of the respective parties, the learned Civil Judge dismissed the said application. Subsequently, the petitioners herein