1. - The original plaintiff is in appeal aggrieved by the judgment and decree dated 21st of April, 1989, passed by Additional District Judge No. 2, Bharatpur, whereby he affirmed the judgment and decree dated 3rd of June, 1983, passed by Additional Munsif No. 2, Bharatpur, dismissing his suit for eviction.

2. The dispute concerns a shop situate at Sarafa Bazar, Bharatpur. The description of the shop has been given in Paragraph 1 of the plaint.

3. In the suit filed by Bhagwan Das (the plaintiff) on 30.1.1974, against Brij Mohan (Defendant No. 1) and Gobind Prasad (Defendant No. 2), he sought their eviction on the ground of necessity and default.

4. The plaintiff averred that the suit shop initially belonged to one Champa Lai. The defendant No. 1 and the father of defendant No. 2 took the said shop on a monthly rent of Rs. 50/-. Champa Lal died and after his death the suit shop was purchased by the plaintiff from s his legal heirs for a sum of Rs. 15,000/-. The legal heirs of Champa Lai, vide notice dated 9th of June, 1972, intimated to the defendants about the sale of shop to the plaintiff. The defendants, thus, became plaintiff's tenant and the relationship of landlord and te