1. - This second appeal has been filed by the appellant-tenant against the concurrent findings of two courts below passing the eviction decree in favour of the plaintiffs-respondents-landlords on the ground of personal bonafide necessity of the plaintiffs for seeking eviction of the suit premises, a shop situated near Thathera Ki Bagechi, Naya Kuan, Bikaner. Both the Courts below have held that the plaintiff-respondents had large family of 15-16 members and required the suit shop for carrying on their own business in the said suit shop.

2. The learned counsel for the appellant-defendant Mr. Ravi Bhansali submitted that the plaintiffs had not come to the Court with clean hands for seeking eviction decree as the said suit shop claimed to be falling in the share of the plaintiff Amar Chand under partition decree by the learned trial Court was only under a preliminary decree and other brothers Ashok Kumar had not appeared in witness box and since final decree was not passed, therefore, the plaintiff could not claim that the said shop fell in his share. He also submitted that the plaintiffs had constructed a big house for residential purposes and therefore, could not claim said