( 1 ) THIS appeal is by the defendant against whom a decree was passed for eviction from the suit premises in an action brought by the plaintiffs, his landlords. In the first appeal taken by the defendant, he was not successful and the first appellate court affirmed the decision of the trial court. In short, the plaintiffs' case before the learned Munsif was that they were running a shop known as "ghatal Cloth Stores" in the premises let out by the trust estate of Srinibash Sureka. Their landlord served a notice upon them for eviction. The plaintiffs who are the owners of the suit premises wanted to raise two-storied building in place of the existing two rooms which they own so that they could start the cloth business there and in that case the business in the premises of the trust estate would be shifted. The plaintiffs got a plan sanctioned by the municipality and they have also obtained permits for cement for such construction. The definite case of the plaintiffs is that they want to make alterations and also build the second storey on the existing premises for their own occupation and for carrying on business there for their own interest. The further ground