( 1 ) THIS revision application is filed against a decree of eviction passed by the trial Court and confirmed by the appellate Court against the defendant.

( 2 ) TO appreciate the controversy in question, few relevant facts may now be stated : the opponents are original plaintiffs, while the petitioner is original defendant. The plaintiff filed Regular Civil Suit No. 122 of 1978 in the Court of the Civil Judge (Senior Division), Navsari against the defendant for possession of the suit premises bearing Municipal Census no. 530/1 situated in Survey No. 26; City Survey Tika No. 14/1 in the town of Navsari. It is the case of the plaintiffs that the defendant was a monthly tenant of one room at the rate of Rs. 6. 00 per month. He was in arrears of rent from 1/02/1966. One Jimmy Rustomji Garda was the owner of the suit premises, who died on 11/10/1976. During his life time, he executed a will on 27/05/1976 and bequeathed the suit property to his four sisters and his wife was made the sole executor and the trustee under the will. A petition was filed in the High Court of Judicature at Bombay for Probate of the said will and the Probate was granted by the High Court of Bombay on