M.Y. Eqbal, J.

This appeal by the defendant-appellants is against the judgment of reversal passed by 3rd Additional District Judge, Dhanbad in Title Appeal No. 33/83, whereby he reversed the judgment and decree passed by the Munsif, Second Court, Dhanbad in Title Suit No. 83/80 and decreed the Title Suit No. 83/80 for eviction.

2. The appeal was admitted on the following substantial questions of law :-

“(A) Whether the finding of the court below that the appellant had defaulted in paying rent for the months of January and July, 1979 can be sustained in law?

(B) Whether the finding of the court below that the respondents required the building for their own use and occupation can be upheld ?”

3. The plaintiffs-respondents filed the aforesaid suit for a decree of eviction of the defendants from the suit premises on the ground of default and personal necessity. The original plaintiff was Udit Ram Barai and after his death his sons were substituted. The case of the original plaintiff is that the defendant was a monthly tenant under the plaintiff in respect of the tenanted premises on a monthly rent of Rs.57/-. It was alleged that the defendant failed and neglected to pay the monthly