1. - This is defendant-tenant's second appeal under Section 100, Civil Procedure Code against the judgment and decree dated May 2,1970 of the Additional Civil Judge, Jodhpur by which he set aside the judgment and decree dated November 4, 1967 of the Additional Munsif No. 1, Jodhpur City and decreed the suit for ejectment which was dismissed by the learned Additional Munsif.

2. A few facts may be noticed : The plaintiff-respondent instituted a suit for ejectment from the house which was rented out to the defendant-appellant on a monthly rent of Rs. 34/-. It was stated by the plaintiff that the house in question is reasonably and bonafide required by him for use and occupation for himself and his family. It was also pleaded that the house, where he is living, belongs to his deceased brother Chhaganlal and that Smt. Kamala, the only daughter, of Chhaganlal has given him a notice to vacate it. A notice under Section 106 of the Transfer of Property Act was given to the defendant terminating his tenancy from the midnight of 6th and 7th May, 1966. The plaintiff has prayed that a decree against the defendant may be granted for his ejectment.

3. The defendant in his written statement