1. -this Second Appeal arises out of a suit filed by the respondents for eviction of the appellant from the suit premises and also for recovery of Rs.332,09 paise being the Municipal Tax. The suit was decreed in part by the trial court, an appeal was taken to the District Judge which was heard by the Second Additional Subordinate Judge, Purnea. The lower appellate court agreeing with the judgment and decree passed by the trial court, dismissed the appeal. Thereafter this second appeal has been filed.

2. Shortly stated, the case as made out in the plaint was that the premises in suit which consists of three chalies, originally belonged to one Birju Lal. The premises were given in lease to Rajrup Inderchandra Baid. After the death of birju Lal, the original plaintiff Jamuna Prasad and his brother Ganga Prasad came in possession of the suit premises. There was separation between the two brothers in the year 1962 and the premises fell exclusively in the share of the original plaintiff Jamuna Prasad. It is said that the original plaintiff Jamuna prasad had five sons ; three of whom were adults and they wanted to start business separately for their maintenance. It is further said