The plaintiffs respondents filed a suit against the appellants for their eviction after termination of their tenancy by service of a numberice under Section 106 of the Transfer of Property Act on the ground that they required the suit premises bona fide for their personal necessity.
Subsequently it was found that the Act aforesaid had been applied to Chomu by a numberification on a date which fell during the pendency of the suit in the Trial Court.
This is a defendants appeal by special leave of this Court from the judgment and decree dated 7 2 1974 of the Rajasthan High Court dismissing the appellants second appeal preferred from the Appellate judgment of the District Judge of Jaipur.
This companytention was accepted and the appeal was dismissed by the High Court on 23 l 1973.
He, however, dismissed the suit on the finding that the plaintiffs had failed to prove that they required the suit premises bona fide for their personal necessity.
The appeal was dismissed again by the judgment dated 7 2 1974.
accepted their case and decreed the suit The defendants filed a second appeal in the High Court.
The learned Munsif who tried the suit in the first instance held in favour of the plaintiffs on some of the issues which arose for determination on the pleadings of the parties.
The judgment of dismissal of second appeal was reviewed and the appeal was heard afresh by another Judge of the High Court sitting singly.
They went up in appeal before the District Judge of Jaipur who reversed the findings of the Trial Court on the question of personal necessity of the plaintiffs.
The suit was companytested by the appellants on various grounds.
The defendants presented this appeal by special leave of this Court.
