Vikramaditya Prasad, J.

1. The first appeal has been preferred by the plaintiff-appellant against the judgment and decree made in Title Suit No. 16/15 of 1975/1976 by the 1st Additional Subordinate Judge, Dhanbad.

2. There is one pacca building having five rooms, servant rooms etc as described in the schedule of the plaint in plot No. 198 of Mauza Patherdih being Mauza No. 162 under Khata No. 52. The plaintiff filed a title suit for a decree for eviction of the defendant from the aforesaid premise and also for arrears of rent from 17.10.1971 to date and pendent lite. The case of the plaintiff is that by a registered deed of sale (Ext-4) dated 19.3.1964 he had purchased 33 dismals of land in plot No. 198 of Mauza Patherdih being Mauza No. 162 under Khata No. 52 from Shri Hazarilal Shahu for a valuable consideration thereafter he constructed one pacca house consisting of five rooms etc over that for which Jharia Water Board had sanctioned water supply. After the construction of the building the plaintiff let out the same to different persons and lastly to the Manager of M/s. New Sudamdih Colliery (P) Ltd who occupied the same for residential purposes. The said M/s. New Sudamdih