- (1.) LEAVE granted.
(2.) HEARD learned counsel for the parties. This Appeal has been filed against the impugned order of the High Court of Madhya Pradesh at Jabalpur dated 26/27.02.2009 passed in First Appeal No. 451 of 2003. The facts in detail have been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary.
(3.) IT appears that the respondents Hameeda Begum and Others had earlier filed eviction Suit No. 147A of 1988 against the appellants Champa Bai and Others on the ground of bona fide requirement. The defence of the appellants was that although originally their predecessor Shekhar Chand Jain (husband of Champa Bai) was the tenant of the suit premises but later on one of the appellants Inder Kumar Jain s/o Shekhar Chand Jain purchased the shares of two co-owners and therefore become a co-owner in the property in dispute. The said suit was dismissed holding that the plaintiffs were not sole owners of the property and hence not entitled to a decree of eviction. The first appeal and second appeal were dismissed by the first appellate Court and the High Court. A Special Leave Petition was also dismissed against the judgment of the High court.;