Miss Kamlesh Sharma, J.-This appeal is directed against the decree and judgment dated 5-6-1993 of Additional District Judge (I), Shimla, whereby the appeal of appellant-defendant Satish Kumar was dismissed and the decree and judgment dated 24-8-1990 of Sub-Judge 1st Class (2), Shimla, was affirmed. The Sub-Judge 1st Class had decreed the suit of the respondents-plaintiffs Ram Piari and four others, for possession of the premises consisting of four rooms, laterine and bath room in Prithvi Chand building standing on Khasra No. 343, Khata/Khatauni No 3/3 situated at Kasumpti Bazar, Shimla, fully detailed and described in Para 1 of the plaint (hereinafter called the premises in dispute).

2. Admittedly, the premises in dispute have been in possession of Satish Kumar as a tenant under Prithvi Chand owner landlord, the predecessor-in-interest of respondents-defendants. The suit was instituted by Prithvi Chand but during its pendency in the trial Court, he died and the respondents-plaintiffs were brought on record. Before instituting the suit, Prithvi Chand had sent notice dated 30-6-1987 under section 106 of the Transfer of Property Act to Satish Kumar by registered post terminati