Kamla Sahai, J.

1. This appeal by the defendant is directed against a judgment of reversal.

2. Very shortly stated, the plaintiffs case is that he took settlement of holding No. 130A in Mina Bazar of Motihari town from Bettiah Raj, and built a tiled shop on it. On the 1st February, 1954, he let the shop to the defendant for a term of five years on a monthly rental of Rs. 8-8-0 under an unregistered kirayanama (exhibit 8). The period of lease has expired, and besides he gave notice to the defendant to quit. The defendant has also not paid rent for the period from January, 1958, to April, 1959. On these allegations, he prayed for a decree for eviction against the defendant and also for recovery of arrears of rent for the period mentioned above.

3. Briefly stated, the defendant denied the relationship of landlord and tenant. He also denies having executed the Kirayanama (Exhibit 8). His case further is that he took settlement of the holding in question from the Land Reforms Department of the Government of Bihar after the zamindari of Bettiah Raj vested in the State and that he built the shop on it.

4. The learned Munsif, who tried the suit dismissed it. The plaintiffs appeal w