Tarkeshwar Nath, J.

1. This appeal by defendant No. 2 arises out of a suit for eviction of defendants 1 and 2 from a portion of the ground floor of a house bearing holding No. 35 in Ward No. 6, Mahalla Mahajan Toli No. 2, within the Municipality of Arrah.

2. The case of the plaintiff was that she was the owner of the house described in schedule A of the plaint and her name was entered in the Municipal registers. The inner apartment of that house was used by the plaintiff for her residence but the outer portion on the road side consisting of a hall with an attached room was used as a shop and the description of the shop was indicated in schedule B of the plaint. Sheo Dheyan Ram (defendant No. 1), and his elder brother Ramdheyan Ram were members of a joint Hindu family and they were carrying on joint business. The aforesaid shop with an almirah and show case was let out to Ram Dheyan Ram by the plaintiff in the month of February 1945 on a rent of Rs. 70.00 per month and Ram Dheyan Ram had agreed to pay the rent on the first day of every month. Ramdheyan Ram and dependant No. 1 carried on business of gold and silver ornaments in the said shop under the name and style of Das-ra