Nagendra Rai, J.

1. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been filed against the judgment and decree dated 19.3.1991, passed by a learned Single Judge of this court in First Appeal No. 128 of 1985(R), by which he has allowed the appeal in part and set aside the judgment and decree dated 31.8.1985, passed by the 2nd Additional Subordinate Judge, Jamshedpur, in Title Suit No. 79/1 of 1980-84, by which the trial court has decreed the suit for eviction of the defendant- respondent from the suit premises and for realisation of the amount being arrears of occupational charges. The learned Single Judge upheld the decree for realisation of the arrears of the occupational charges but set aside the decree for eviction passed by the trial court.

2. The case of the plaintiff-appellant, in brief, is that it is a registered partnership firm carrying on Hotel business at D Costa Mansion, Bistupur, in the town of Jamshedpur in the name and style of "Boulevard Hotel". It has taken the first floor of the said Mansion on rent. There are 14 rooms in the first floor of the said Hotel for providing accommodation to persons desiring the sam