Honble GOYAL, J.–The plaintiff-landlord has preferred this second appeal against the judgment and decree dated 18.7.2000 whereby learned Additional District Judge No. 1, Sikar while setting aside the judgment and decree of eviction passed by learned Additional Civil Judge (Junior Division), Sikar dismissed the plaintiff-landlords suit. The parties in this appeal shall be referred as arrayed in the plaint.

(2). Briefly narrated the facts are that the plaintiff filed a civil suit on 20.7.1985 for arrears of rent and eviction with the averments that the suit shop was let out to the defendant on monthly rent of Rs. 30/-. The eviction was sought on the grounds of default in payment of rent from 1.12.1982, reasonable and bonafide requirement and non-user of the premises by the defendant for last four years.

(3). The defendant in written statement while admitting himself to be the tenant in the suit shop pleaded that the real owner of the shop is Shri Phool Das. The plaintiff is relative of Shri Phool Das. The plaintiff is relative of Shri Phool Das, hence rent note was got executed by Shri Phool Das in the plaintiffs name. He denied all the grounds of eviction.

(4). Amended pleadings were a

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