1. - This is defendants' second appeal under Section 100 CPC directed against the judgment and decree passed by the Additional Civil judge, Udaipur dated November 29, 1978 by which he reversed the judgment and decree dated October 20, 1976 passed by the Munsiff, Udaipur.

2. The plaintiff (tenant) instituted a suit on September 10, 1971 against she defendants (Landlords) who are the legal representatives of Bhaironlal original landlord for possession in respect of a shop from which he was alleged to have been illegally dispossessed on June 16, 1969. The case of the plaintiff was that he was tenant-in-possession of a shop situate at Moti Chohatta at Udaipur on a monthly rent of Rs. 12/- per month and that the landlord disposes him by throwing out his goods. As he was not able to obtain possession though he initiated proceedings under Section 144, Cr.P.C. he instituted the suit for getting back its possession. He also prayed that goods mentioned in Schedules A and B may also be restored to him. The defendant landlord resisted the suit on various grounds One of the grounds was that the plaintiff tenant had surrendered the tenancy and voluntarily delivered possession of the shop