1. This is defendants first appeal filed under Section 96 of the Code of Civil Procedure (for short the C.P.C.) against the Judgment and Decree dated 30-01-2004 passed by the Second Additional District Judge, Durg in Civil Appeal No. 5A of 2002 whereby and whereunder the plaintiffs suit filed for eviction of the appellant has been decreed.

2. To appreciate the controversy raised in the appeal, a few relevant facts may be stated.

3. Smt. Savita Devi owned a plot at station road, Durg, having dimension of 126 feet on the north, 90 feet on the south, 60.9 feet on the east and 60 feet on the west (hereinafter referred to as the suit accommodation). Late Aditya Narayan Tiwari was a tenant on this plot on a monthly rent of Rs. 100/- and he was running saw mill there.

4. According to the original plaintiff Smt. Sheela Devi, she purchased the suit accommodation on 11-03-1970 from Smt. Savita Devi through registered sale deed and since then she is the owner of the suit accommodation. The intimation about the purchase was given by the plaintiff to the tenant. However, the original tenant Aditya Narayan Tiwari did not pay the rent and stated that prior to transfer of the suit accommodat