- (1.)This second appeal has been filed by the defendants 2nd party-respondent-appellant challenging the judgment and decree of the lower appellate court by which the judgment and decree of the trial court was set aside and the claim and suit of plaintiff-appellant- respondent 1st set was decreed.
(2.)The matter arises out of Eviction Suit No.05 of 1984 which was filed by plaintiff-appellant-respondents 1st Set for eviction of the defendants from the suit premises, namely a shop room over 16 dhurs of land bearing plot no.645, khata no.27,Thana no. 06,Tauzi No.2246 situated in Mouza Fardahiyan under Masrakh Police Station within the district of Siwan for the following reliefs:-
(a) Decree of eviction of defendants from the suit premises in favour of the plaintiff.

(b) Decree of recovery of arrears of rent of Rs.150.00.

(c) Cost of suit in favour of plaintiff.

(d) Any other relief to which the plaintiff is deemed entitled.

(3.)The claim of the plaintiff was that he was owner of the suit premises and had inducted defendant no.1 on 01.08.1979 as tenant in the suit premises on a monthly rent of Rs.50.00, but subsequently from 01.09.1984 he stopped payment of rent and had sub-let the suit premises to defendant no.2. The plaintiff further claimed that he had bonafide personal requirement of the suit premises also.