( 1 ) THE plaintiffs-landlords have come in this Revi- sion-Application as both the Courts have refused to pass the decree of eviction from the suit block after the defendant-tenant had shifted to his newly constructed bungalow on October 20 1969

( 2 ) THE short facts which have given rise to this litigation are as under. The defendant Dr. Kantilal Shah has been a tenant in the suit house of the plaintiffs. There is a dispute as to whether the first block was given in 1946 as stated by the defendant or in 1948 as stated by the plaintiffs or whether this suit block which has been almost for all the time used as residential block was first let or after some short time as conten- ded by the defendant. The defendant however had also got from time to time three other blocks in this very building. Thereafter when in 1958 the defendant shifted to the hospital premises near Dandia Hanuman where he had got four blocks out of which one he occupied for his residence and three for his hospital the defendant gave up possession of two ground-floor blocks to the plaintiff in 1958 and even the third block possession was given to the plaintiff in 1964. Thereafter the defendant constru