S. K. RAY, J.

( 1 ) THIS second appeal is by defendant No. 2 from the reversing decision of Shri n. P. Mohapatra, Subordinate Judge, Sambalpnr, in Title Appeal No. 58/8/12 of 1966-67 decreeing the suit.

( 2 ) THE plaintiff filed the suit for eviction of defendant-1 from the suit-house standing on plot No. 1786/2519, recovery of possession and for arrears of rent and damages, and alternatively for declaration of right, title and interest and recovery of possession. This plot measuring six decimals admittedly stood recorded in the names of four tenants. Two of them, namely, Hari Shankar and santosh Barkk sold it to the plaintiffs by an unregistered sale-deed in 1953 for a consideration of Rupees 200/-, Subsequently to this purchase, the plaintiffs constructed a house thereon and were possessing the same. Defendant-1 was inducted as a monthly tenant in respect of the suit-house in September, 1982, on a monthly rent of Rs. 5/ -. Defendant in collusion with defendant-2 subsequently defaulted in payment of rent from January, 1963. Defendant-2 is an ex-gountia. Plaintiffs, therefore, sent notice of suit to defendant-1, but defendant-1 paid no heed to it. Hence the present suit was filed