A. H. JOSHI, J.

( 1 ) THIS second appeal is filed by unsuccessful defendants No. 3 to 8 who had succeeded in the Trial Court, however, failed in the first appellate Court.

( 2 ) THE plaintiff Dattatraya had filed a suit for recovery of possession of the suit house. According to the plaintiff: defendant No. 1 Tukaram was a tenant of monthly rent of Rs. 1. 50 paise leased out by the plaintiffs brother Govindrao who was formerly Karta of the family. The defendant No. 1 Tukaram is the real uncle of the defendants No. 2 to 5, 7 and 8. Defendant No. 6 is the widow of Vithalrao, the deceased brother of the defendant No. 1. The defendant No. 1 was staying in the suit property by raising a grass hut, later on constructed a Tin shed on it, with whom later on vithalrao the brother of the defendant No. 1 also joined him. The defendant No. 1 got alternate premises. However, Vithalrao continued to stay in the premises though the defendant No. 1 continued to pay the rent. Vithalrao died about 10 years prior to the date of suit. Since the suit plot came to be allotted to the plaintiffs share in family partition, the defendant No. 1 became plaintiffs tenant. The plaintiff thereafter, termina