Vikramaditya Prasad, J.

1. This appeal has been preferred against the judgment and decree made an order in Eviction Appeal No. 2/94 by the 4th Addl. District Judge, Chaibasa, Shri Prashant Kumar, who by the said first appeal, set aside the judgment and decree of the original Court in Eviction Suit (T) No. 4/90.

2. The plaintiff appellant had filed a suit for eviction and for realization of the arrears of rent from the defendant-tenant, who was a tenant in the suit premises described in the Schedule A of the plaint with Holding No. 133 and 144 situated in Ward No. 2 of the town Chakradharpur consisting of three pucca rooms, two rooms with khaparpoah roof, one big room, lobi etc. on the grounds, inter alia, (a) default in payment of rent, (b) personal requirement of the suit premises and (c) damage of the suit premises by the defendant. On contest, the learned original Court came to decisions that (i) there was a relationship of landlord and tenant between the plaintiff and defendant (2) there was personal requirement of the suit premises to the plaintiff and (3) default in payment of rent could not be established by the plaintiff and ultimately, the original Court decreed the