( 1 ) THIS second appeal arises from a suit for ejectment of the tenant and for recovery of arrears of rent. The trial Judge passed a decree for ejectment and also for Rs. 82. 50 np. on account of arrears of rent and mesne profits at the rate of Rs. 2. 50 np. pendente lite and future. The tenant appealed from this decree but the appeal was dismissed. He has now come up to this Court in second appeal.

( 2 ) FOR the purposes of the limited question which I am called upon to answer, the facts are these. Pyarchandesa, Hiralalsa and Anokchandsa were three brothers. They were members of the joint Hindu family to which the suit property belonged. Pyarchandsa had three sons, Garanchandsa, Keshrichandsa and Babulal. Garanchandsa is plaintiff 1, Kabulibai widow of Babulal, is plaintiff 2 and Jainmati bai, widow of Keshrichandsa, is plaintiff 3. There was a partition of the joint Hindu family in Samvat year 2011-12 (that is 1954-55 ). In this partition, the suit property was allotted to the three plaintiffs. Notice of ejectment, prior to the institution of the suit, was also given by these three plaintiffs. Defendant pyarelalsa was the tenant of the joint Hindu Family which was