1. Regular Civil Suit No.63 of 1986 filed for eviction and possession of the suit property from the tenant on the basis of the notice issued under Section 106 of the Transfer of Property Act, 1882 was dismissed by the Trial Court on 23-7-1993. The plaintiff preferred Regular Civil Appeal No.172 of 1993, which has been allowed by the learned Joint District Judge, Amravati, on 7-11-2001 by setting aside the judgment and decree passed by the Trial Court and granting a decree for eviction and possession of the suit property in favour of the plaintiff along with the arrears of Rs.810/- and ordering an enquiry under Order XX, Rule 10(1) of the Code of Civil Procedure for determination of the future mesne profits from the date of filing of the suit till the delivery of the possession. Hence, the original defendant No.2 is before this Court in this second appeal.

2. The Trial Court recorded a finding that the tenancy between the plaintiff and the defendant No.1 in respect of the suit property created on 16-4-1984 has not been proved by the plaintiff, so also the claim regard