Honble GUPTA, J.–This appeal has been filed by the defendant, against the judgment and decree of the learned courts below, whereby the plaintiff respondents suit for eviction has been decreed by both the learned courts below.

(2). The facts of the case are, that the plaintiff filed a suit for eviction and arrears of rent, pleading interalia, that the plaintiffs had a joint property comprising of big Kotha, which was let out on 30.3.1984, to the defendant for storing his goods of Tent House etc., at a monthly rent of Rs. 200/-. It was stipulated that the defendant will not materially alter the premises. The measurement of the Kotha is given as 34 x 24 ft., and was one apartment, having main gate in the North, which door was measuring about 10 x 8 ft. having wooden shutters, on the side of this opening there was one window, measuring 3 x 4 ft. having Teak wood fittings. It is alleged that about a Week ago, the plaintiff had materially altered this wall, by demolishing certain portion, and instead of window, a new big door has been opened, whereon iron shutter has been installed. Inside the Kotha a permanent partition wall of stone and cement has been constructed, and thereby a shop ha

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