Accordingly, we allow this appeal and set aside the decree of the High Court and the first appellate Court and remand the case to the first appellate Court which, after granting the application under order 41, r. 27 and taking the certified copy of the decree in partition suit No. 4/74 on record and after giving an opportunity to the parties before it to lead any additional evidence pursuant to this additional evidence, would decide the following two questions: 386 (1) Does the partition decree transfer the suit shop to Pyarelal Sharma exclusively ? (2) If yes, can the respondents (plaintiffs) maintain action and are entitled to evict the appellant (defendant) on the ground of personal requirement of Manohar Lal Sharma (respondent 1) and/or on the ground of default as contemplated by section 11(1)(d) of the Rent Act ? On the evidence on these issues the Court may mould the final relief consistent with its findings.