CHAKRADHARI SHARAN SINGH, J.:–This second appeal under section 100 of the Code of Civil Procedure is directed against the judgement and decree dated 23.12.1999 passed by learned VIth Additional District Judge, Begusarai in M.T. A. No. 4 of 1989/7 of 1994, whereby he has reversed the judgment and decree dated 13.01.1989 passed by learned Munsif II, Begusarai in T.S. (Eviction) No. 152 of 1984/171 of 1987. Learned Munsif II, Begusarai after coming to a conclusion that there was no relationship of landlord and tenant between the plaintiff and defendants had held that, therefore, there was no occasion to go into the question of personal necessity of the plaintiff or recovery of default in payment of amount of rent. Learned trial court, accordingly, dismissed the suit. Reversing the findings of the trial court, learned lower appellate court in its impugned judgement came to a finding that the plaintiff was the landlord of the suit house and the defendants, the tenants of the said house and, accordingly, decreed the suit in favour of the plaintiff. The defendant No.2 before the court below is, thus, appellant in the present second appeal.

2. I have heard Mr. Binod Kumar Singh, l