BAPNA, J.

( 1 ) THIS is a second appeal by the defendant in a suit for recovery of rent and ejectment.

( 2 ) THE case for the plaintiff-respondent is that the defendant rented certain premises mentioned in para (1) of the plaint from the plaintiff at a rent of Rs. 8/- per mensem by a deed dated Poh Sudi 1, Smt. 2002. Thereafter the plaintiff wanted to build a second storey and it was alleged that the defendant agreed to vacate the premises, or to pay Rs. IV- for the upper storey and Rs. 8/- for the lower storey as rent per mensem. It was alleged that after the upper storey was built the defendant took possession of it without permission of the plaintiff but did, not pay Rs. 23/- as agreed upon and also refused to vacate the premises. A notice was served but to no effect. The plaintiff claimed Rs. 31/8/by way of rent in arrears and prayed for ejectment of the defendant on the ground that it was required for his bona fide personal necessity.

( 3 ) THE defendant admitted the tenancy but pleaded that his possession over the upper storey was in pursuance of the agreement with the plaintiff to occupy the upper storey along with such portion as remained with the defendant in th