GADGIL J.- This is defendant's appeal challenging the decree passed against him in Special Civil Suit No. 16 of 1966 of the file of the Civil Judge, Senior Division, Akola.

2. The litigation pertains to the shop premises situate at Akola. They are part of house No. 92 in ward No. 29. This house is of the ownership of the plaintiff since 2-2-1954 as on that date the plaintiff purchased it from the previous owner Messrs Sawatram and Sons Limited under the sale deed Ex. 117. Deceased Shiojibhai was occupying in all three blocks or tenements in the said house as a tenant since before this purchase. There is no dispute that Shiojibhai left possession of one of the blocks sometime in 1956. Thereafter the two blocks continued in possession of Shiojibhai on the rent of Rs. 1,761 per year. Shiojibhai died on 9-3-1958 leaving behind him his daughters and two brothers by name Shamjibhai and Hansraj. There is no dispute that these three brothers had already partitioned their estate on 15-11-1948 under the partition deed Ex. 128.

3. The plaintiff's case in brief is that by Diwali 1958 i.e. by about, 11-11-1958 both the blocks were given in possession of the plaintiff and thereafter one