1. This is a defendants Second Appeal against a judgment of reversal, the trial Court having dismissed the plaintiffs suit for eviction on the ground of personal necessity and default in payment of rent for the period from Nov., 1974 to September, 1975 and again from Nov, 1975 to Nov., 1976 as also for arrears of rent.

2. There is a double storeyed pucca building bearing Municipal Holding No. 139 (old) 147 (new) situate in Ward No. 8 old, 18 new, Circle No. II, mohalla Chhoti Saraiyaganj, Jawaharlal Road in the town of Muzaffarpur in an area of one katha. This house (hereinafter referred to as demised premises) belonged to one Ram Chandra Sah who, undisputedly, inducted defendant Bharat Roadways as a month to month tenant on a monthly rental of Rs. 200.00 per month. Undisputedly, there was no written contract regarding this tenancy. The defendants were not paying rent to Ram Chandra Sah since Nov., 1974 and as such, the latter had served a notice on the former determining the tenancy on expiry of 31-3-1975. The demised premises was purchased by the plaintiff from Ram Chandra Sah under a registered sale deed dated 30-12-1975 (Exhibit 5) in which the arrears of rent amounting