1. Heard Sri A.K.Tiwari, learned counsel for the petitioners and Sri R.K. Tiwari, Advocate, holding brief of Sri A.N. Bhargava, Advocate, for the respondents. No other counsel is appearing on behalf of respondents.

2. This is a tenants' writ petition. The dispute relates to a shop having Municipal Number 77, Jawahar Chowk (Manik Chowk), Jhansi. It was earlier let out to one Sri Prem Chand Jain, husband of petitioner no. 1 and father of petitioners no. 2 to 4. Property had several owners. One Smt. Anwari Begum, widow of Sri Hazi Haidar Waheed, who had 1/3 share in the disputed property sold out her share to petitioner no. 1 vide sale deed dated 1.10.1991 and respondent no. 1, Mohd. Ishaq also transferred by sale his 1/3 share vide sale deed dated 1.12.1992. In the circumstances, petitioner no. 1 became owner of disputed shop to the extent of 2/3rd share. 1/3rd share remained in ownership of respondents 2 and 3.

3. Respondents 1 to 3, however, filed an ejectment suit no. 98 of 1995 on the ground of default in payment of rent since 1.10.1992, seeking ejectment of Sri Prem Chand Jain, husband of petitioner no.1. The suit was dismissed by Trial Court, i.e., Small Causes