Honble TATIA, J.–The Trial Court decreed the suit of the appellant-plaintiff for eviction of his tenant-respondent, from the suit premises, vide judgment and decree dated 16.8.1994. The appellate court reversed the judgment and the decree of the Trial Court vide judgment and decree dated 5.4.1997. Hence, this second appeal by the appellant-plaintiff-landlord against the judgment and decree of the first appellate court dated 5.4.1997.

(2). Brief facts of the case are that the plaintiff-appellant, who was in service in the year 1974, let out one of his shop, out of his three shops, situated in his house to the defendant- deceased Kanhaiya Lal on 2.10.1974 on rent of Rs. 110/- per month excluding the charges for the electricity, water and house-tax. The plaintiff filed the suit for eviction against the defendant- tenant on 28.10.1977. The plaintiff in his plaint stated that the suit shop was let out to the defendant for commercial purposes but instead of doing the business in his own name, the defendant obtained licence from competent authority for running the shop in the name of his wife and started business in the shop in the name of his wife without the permission of the plaintiff.

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