ORDER

1. This is an appeal by the legal representatives of plaintiff - Jogendra Singh Ghai for setting aside the judgment of the High Court in second appeal preferred by defendant – Salikram, who is now represented by his legal representatives, whereby the decree of eviction passed by the lower appellate court was reversed and the suit of the plaintiff was dismissed.

2. Jogendra Singh Ghai filed suit against Salikram for eviction from the suit property on the ground of default in payment of rent since 30th November, 1971 and also on the ground that the suit property is required for the purpose of construction which cannot be carried out without getting the house vacated. In his plaint, the plaintiff averred that the defendant had been inducted as tenant on a monthly rent of Rs.30/- and the latter had executed rent note dated 30.05.1967 (Exhibit-P2). In the written statement filed by him, Salikram claimed that plaintiff was not owner of the house. He also denied execution of rent note dated 30.05.1967 and pleaded that there did not exist landlord-tenant relationship between him and the plaintiff.

3. The trial Court framed the issues, gave opportunities to the parties to lead evidence a