SHIVESHWAR PRASAD SINHA, J.

1. This is a defendants appeal against the judgment and decree dated the 29th May, 1971, passed by the learned Second Additional Subordinate Judge, Bhagalpur, in Title Appeal No. 9 of 1968/47 of 1968 affirming the judgment and decree passed by the learned Second Munsif, Bhagalpur. The suit was for eviction of the defendant appellant from the northern portion of a house situated in holding No. 60 (old), 58 (new). Ward No. 3, Circle No. 5, Mahalla Mosakchak within Bhagalpur Municipality on two grounds, namely, (11 personal necessity of the plaintiff and (2) breach of the terms of tenancy by defaulting payment of rent and of making alterations to the let out portion.

2. This case has had rather a chequered career because it appears that even on an earlier occasion the matter had to come before this court in Second Appeal No. 61 of 1963 which was disposed of on the 1st May, 1964, the suit for eviction having been dismissed on a certain technical legal ground. Be that as it may, the relevant facts for the instant appeal are that the plaintiff purchased the said holding under a registered deed of sale on the 6th of July, 1956. Even before the plaintiff