486 of 2002.
On 5th of October, 2002, the First Appellate Court allowed the appeal and decreed the suit for eviction against the father of the appellants, Santok Singh since deceased and his firm.
Thereafter, the respondent filed a first appeal before the Additional District and Sessions Judge, Kishangarh, Ajmer.
It is against this order of the High Court that the appellants have filed this Special Leave Petition, which on grant of leave was heard by us in the presence of the learned companynsel appearing for the parties.
The facts leading to the filing of this appeal are stated briefly as under The dispute relates to a shop situated at Madanganj, District Kishangarh, Rajasthan.
On 24th of February, 1997, the respondent filed a suit for eviction against the father of the appellants Late Santok Singh since deceased and the firm owned by him namely M s Kanhiya Singh Santok Singh on the ground of bonafide requirement.
On 18th of September, 2006, the father of the appellants late Santok Singh died leaving behind his widow and three sons, out of whom the appellants being two of them, were living with late Santok Singh at the time of his death.
Their third brother namely, Balbeer Singh had already separated during the lifetime of the father of the appellants and he runs his own business.
By an order dated 30th of July, 1997, the Additional Civil Judge, Kishangarh, held that the respondent had failed to prove his bonafide requirement and, therefore, dismissed the suit.
The appellants along with their father were carrying on business of motor spare parts as well as a Kerosene Retail outlet business.
Aggrieved by the aforesaid decree, late Santok Singh and the firm through late Santok Singh filed a Second Appeal before the High Court of Rajasthan at Jaipur being S.B. Civil Second Appeal No.
On 26th of October, 2006, the appellants filed an application for being substituted under Order 22 Rule 3 CPC as legal representatives of late Santok Singh, having specifically mentioned in the said application that they were ordinarily carrying on business along with their father as the members of his family till the time of his death.
TARUN CHATTERJEE,J. Leave granted.
This appeal is directed against the final judgment and order dated 10th of January, 2008 of the High Court of Rajasthan, at Jaipur being S.B. Civil Appeal No.
The third son had already separated from the joint family and started a business of his own.
The appellants belonged to a joint family companysisting of Santok Singh, father of the appellants number deceased , and the appellants namely, Man Mohan Singh and Jaswant Singh.
