R. N. MISRA, C. J.

( 1 ) THIS is a tenant's application challenging the affirming appellate order of the Chief Judicial Magistrate, Berhampur, in a proceeding for eviction from the tenanted premises. Challenge is on the ground that the premises in question belonged to 3 co-owners but the application for eviction had been filed by only one of them, being opposite party No. 1. He had sought for eviction on the ground of personal necessity and default in payment of rent. The two other cosharers having two-third share, being opposite parties 2 and 3 respectively, did not support the claim for eviction. On the other hand, they seated that they did not want eviction of the tenant and pleaded that they had been receiving the rent. The Controller passed an order of eviction by holding that there was default and that order of eviction has been sustained in appeal. That is how the tenant has filed this application challenging the order of eviction.

( 2 ) IT is contended on behalf of the petitioner relying on two decisions, one of the Bombay High Courit in Vagha Jesing v. Manilal Bhogilal Desai, AIR 1935 Bom 262 and the other in the case of Nanalal Girdharlal v. Gulamnabi Jamalbhai Motorwal