( 1 ) PETITIONERS, in possession of shop premises, are holding the fort, with their backs to the wall ; though failed in all fronts they have managed to stay, like a sinking man under an oxygen tent.

( 2 ) FACTS, which are spread over for more than a decade, are as follows : in HRC No. 91/1975 (renumbered as hrc 5/1980), C. Mangaraj and three others initiated eviction proceedings under Section 21 (1) (i) (f) (h) and (p) of the Karnataka Rent Control Act, in respect of shop premises, consisting of ground floor and first floor, in Nos. 984, 374/1 and 862 and 166 (new) situated at Chickpet, Bangalore. They impleaded gevarchand and Jugraj as their tenants. The rent was claimed at Rs. 475/- per month. After serious contest, an eviction decree was passed on 12-2-1981. "mahaveera" - registered partnership firm represented by Devichand challenged the order of eviction in C. R. P. No. 1374/1981, which was dismissed at the stage of admission, on the ground that "mahaveera not being a party cannot challenge the said decree; this was on 13-4-1981. On 25-5-1981 "mahaveera" filed a suit, with the following prayers, in O. S. No. 1507/1981 :-" (1) declare that the plaintiffs are