Rajiv Sharma, J:

This Regular Second Appeal is directed against the judgment and decree, dated 16.5.2013, passed by the learned Additional District Judge (II), Shimla in Civil Appeal No. 25-S/13 of 2012.

2. ‘Key facts’ necessary for the adjudication of this Regular Second Appeal are that the respondents-plaintiffs (hereinafter referred to as “the plaintiffs” for the sake of convenience) filed a suit against the appellant/defendant (hereinafter referred to as the “defendant” for the sake of convenience) for possession of one room/shop measuring 5 x 20 feet, situated at main Junga Bazaar, Sub Tehsil Junga, District Shimla, H.P.. According to the plaintiffs, late Sh. Budh Ram was owner in possession of single storeyed building consisting of three shops in front of main Junga Road situated in Khata No. 9, Khatauni No. 10, Khasras No.86, 579 and 42. He died in the month of May 2006. He executed a Will dated 1.7.1988 in favour of the plaintiffs. Mutation No.912 was attested in this regard. Late Budh Ram inducted the defendant as tenant in one room accommodation measuring 5 x 20 feet at the monthly rent of Rs.100/-. The plaintiff after the death of Budh Ram requested the defendant