JUDGMENT - M.N. CHANDURKAR., Ag. C.J.:---The petitioners-plaintiffs Nos. 2 and 3 are owners of an open plot of land which originally belonged to a Hindu Joint family. The respondent-defendant was admittedly a lessee of this piece of land, having taken it on lease for a period of 11 years from 1st June, 1960. Exhibit 55 is the lease. The original landlords asked to return of the plot as they required it for erection of a building thereon by a notice dated 17th February, 1971, as the period of lease was to expire on 31st May, 1971. Exhibit 78 is another notice given on 3rd September, 1971. This is after the period of the lease had expired. The tenant denied that the landlords needed the open plot.

2. The plaintiffs' case is that by virtue of a partition dated 29th January, 1972 the plot in question fell to their share, and after having given a notice dated 31st January, 1972 they filed a suit for possession on 21st March, 1973 in which it was alleged that the plot in question is situated in the midst of the business locality at Pune and the plot was needed bona fide for the business of plaintiffs Nos. 2 and 3 who were the sons of plaintiff No. 1. Plaintiff No. 1, however, died during

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