N.Pandey, J.

1. This is an appeal filed by the plaintiffs against the judgment dated 11th of August, 1988, passed by the Additional Judicial Commissioner, Ranchi, reversing the judgment and decree dated 29th March, 1989, passed in Title Suit No. 158. of 1978, by the Special Subordinate Judge, Ranchi.

2. The plaintiffs suit was for eviction of the defendants from the lease hold premises on the ground that they have committed breach of the terms and conditions of the lease as also on the ground of personal necessity.

3. The defendants in their written statement stated that the case of the plaintiffs of personal necessity was false and concocted. It was further stated that as the terms of the lease was void and unworkable, even the defendants could not fulfil such terms and conditions of the lease, the plaintiffs cannot be allowed to maintain the suit on such issue. However, the suit was decreed holding that the defendants are liable for eviction.

4. The defendants, being aggrieved by the judgment of the trial Court, filed Title Appeal No. 15 of 1985, which was ultimately allowed and the judgment and decree of the trial Court was set aside. The appellants being aggrieved, pref