UNTWALIA, J.

1. This second appeal was placed for bearing before a learned single Judge of this court and has now been put up before us as it was directed to be placed before a Division Bench for hearing.

2. The suit out of which this appeal arises being title suit No. 1281 of 1965 was originally filed by Marlidhar Agarwalla, whose sons are plaintiff-respondents 1 to 3. He died during the pendency of the suit in the trial court, and the said respondents were substituted by virtue of order dated 1-7-1966. The suit was filed by the original plaintiff as karta of the joint family consisting of himself and his sons. The suit premises belonged to the joint family, and the tenant-defendants were sued for being evicted from them on the ground of non-payment of rent and personal necessity of the joint family of the original plaintiff. Several pleas were raised to resist the suit by the tenant-defendants. It was dismissed by the trial court. On appeal by plaintiff-respondents 1 to 3 the lower appellate court has decreed the suit on both the grounds. Some of the defendants have come up in second appeal to this court.

3. The suit premises in occupation of the defendants consist of two