JUDGMENT :

G.S. KULKARNI, J.

CHALLENGE AND INTRODUCTION

1. This petition is by tenant original defendant No.2 (Petitioner No.1). He suffers eviction from the suit premises at the instance of the lower appellate Court under its judgment and order dated 1 November 1997 as assailed. The other petitioners are his family members.

2. Respondents are the legal heirs of the original plaintiffs-Yeshwant Shankar Barve and Sadanand Shankar Barve -the landlords. The original tenant of the suit premises was one 'Raghunath', father of Defendant No. 1- Shri Achyut Raghunath Joshi (for short 'Achyut') who is impleaded as respondent no.3 in this petition.. On the death of Raghunath in the year 1971 the rent receipt came to be transferred in the name of defendant no. 1-Achyut although Raghunath's brother and his family members also occupied the suit premises.

3. It so transpired that the tenant, defendant no.1-Achyut left the suit premises in the year 1979 as he acquired alternative premises at Pune. The suit premises hence remained in occupation of defendant no. 2 -Vasant Sadashiv Joshi, Achyut's (defendant no.1's) cousin brother along with his family members (the petitioners), who are now pursuing thes