M.C.JAIN, J. - (1.) THIS is a tenant's second appeal against the affirming judgment and decree dated 9.2.1968, passed by the Civil Judge, Udaipur, a suit for arrears of rent and ejectment from a shop.
(2.) THE respondents minors through their next friend, their father instituted a suit for ejectment of the suit shop on the ground of personal necessity. It was stated that the plaintiffs and their father are the members of the joint -Hindu family and their father manages the affairs of the family in the capacity of Karta. The plaintiffs purchased the shop through their father on 8.11.65 for a sum of Rs. 22,500/ -. The tenant was informed of the sale. In para 6 of the plaint it we' averred that the plaintiff father and their guardian intends to start business in Nathdwara and for that the plaintiffs are badly in need of the suit shop and their father wants to carry on business in that shop. The defendant denied these averments and in reply to para 6 stated that the plaintiffs are minors and they themselves are not in a position to carry on business and they do not need the shop. They do not reside in Nathdwara and do not have any business in Nathdwara. The plaintiff's' father carry on business at Bombay and Nathdwara where they have shops in their possession.
(3.) ON these pleadings the following issue was framed: (1) Whether the plaintiffs need the suit shop and are entitled to evict the defendant? ;