1. This revision application is filed against the order passed in Small Cause Civil Suit No. 80 of 1952 by the Civil Judge, Senior Division, at Godhra, in the exercise of his Small Cause Jurisdiction dismissing the plaintiffs suit for a decree for rent due for the period between the 25-3-1952 to 24-5-1952 in respect of certain premises occupied by the defendant. The plaint-tiffs claimed that the defendant was their tenant in respect of the premises.

The defendant inter alia denied the relationship of landlord and tenant between the plaintiffs and himself. The learned trial Judge held on a consideration of the evidence that there was no relationship of landlord -and tenant between the plaintiffs and the defendant, in arriving at the conclusion as to the relationship between the parties the learned trial Judge considered the question, whether the property did really belong to the plaintiffs or it was the property of the plaintiffs father who had been adjudicated insolvent.

The learned trial Judge observed in the course of his judgment that on a consideration of the evidence it appeared to him that the property belonged to Roshanalli, father of the plaintiffs and that there was