S. A. Bobde, J.

1. This petition is directed against the judgment and Order dated 7-8-2002, passed in an appeal, confirming the order of the trial Court, rejecting the petitioners plaint. The petitioner sued the respondent for possession of poultry farm. The poultry farm was given on lease, for which an Agreement of Lease was entered into between the parties on 26th July, 1999, at Nagpur. What was leased out is described in Clause 1 of the said lease-deed, which reads as follows :

"That the lessor hereby leases the Poultry Farm comprising two "pucca" sheds and "pucca" godown (in between the sheds and pucca varandah on eastern side of the sheds used as Brooder/Feed storage etc.) (total about 4200 square feet) and also Four brooder rooms and two living rooms, small bathroom and Chaukidars shed (total about 750 sq.ft.), for a period of 11 months from the 1st day of August, 1999 to 30th June, 2000. The tenancy shall be monthly according to English Calender month."

1. 2. Since the site of the poultry farm, which was leased out, is bounded by three sides by agricultural fields, the respondent filed an application under Order VII, Rule 11, claiming that the petitioners suit for ev