( 1 ). The petitioners, original plaintiffs, filed Regular Civil Suit no. 401 of 1972 in the Court of Civil Judge (J. D.), Bhavnagar against the opponentoriginal defendant for obtaining relief of eviction of the suit premises and recovery of arrears of rent and mesne profits. The learned trial Judge by his judgment and order dated 12-7-1976 dismissed the petitioners suit with no order as to cost. The petitioners, therefore, carried the matter in Regular Civil Appeal No. 2 of 1977 in the Court of the District Judge at Bhavnagar. The learned Assistant Judge, Bhavnagar, who was assigned the matter, by the judgment and order dated 16-2-1978 dismissed the appeal with cost holding on the construction of the rent note Exh. 35 that the suit premises was let for the purpose of business only, but accepting the evidence of rent receipt Exh. 46 and the oral evidence with regard to user of the suit premises prior to letting thereof to the respondents, came to the conclusion that the suit premises were being used for the composite purpose of residence and business from the very beginning to the knowledge of the petitioner/s and her predecessors and there being no term prohibiting