1. First defendant is the appellant. He is the owner of a shop building which was rented out to one Kelappan. Kelappan was doing the business of making and selling gold ornaments in the premises under the name and style 'Kelappan and Company'. He died on 9-9-1960. First plaintiff is his widow and plaintiffs 2 and 3 are his sons. Defendants 2 and 4 are brothers of Kelappan and third defendant is his near relation. Even after the death of Kelappan the business continued in the same name and it was managed by the second defendant. The widow and sons were not trading. The sons were minors also.

2. In 1967 first defendant filed an application for eviction on the ground of bona fide requirement for own use and it was dismissed. Thereafter be again filed B. R. C. O. P. 124 of 1971 for eviction on the grounds of arrears of rent, bona fide requirement for own use and sub-letting. 2nd defendant was the first respondent and defendants 3 and 4 were respectively respondents 2 and 3. Respondents 2 and 3 were impleaded as sub-tenants inducted by the tenant. Eviction petition was filed on the assumption that after the death of Kelappan the business was being continued in the premises as