1. The tenant is the petitioner in this civil revision application against the judgment and decree of the appellate Court dated 25th of September, 2002 passed in Eviction Appeal No. 2 of 1994 whereby the appellate Court has dismissed the appeal against the judgment and decree of eviction passed on 10th September, 1983 in Eviction Suit No. 1 of 1987.

2. The subject matter of eviction is house standing over 4 Dhurs of land under Khesra No. 832/41, Khata No. 63 in Mohalla-Bagh Taj Khan @ Pokhra Ward No. 11, P.S. Hajipur town, District Vaishali. The eviction suit was filed under section 11(1) (d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (herein after referred to as the Act) for default in payment of arrears of rent for more than two months. The suit was filed by Nand Lal Choudhary who died during pendency of the suit and substituted by his heirs and legai representatives. The suit premises admittedly belonged to Choudharain, mother of the plantiff Nand Lal Choudharian and her floor and second floor were in possession of aforesaid Binda Choudharian and her family members and after her death is in possession of other family members. There are shops on t