R. C. PATNAIK, J.

( 1 ) THE plaintiff's suit for permanent injunction having been dismissed and the decree passed by the trial court in his favour having been reversed by the lower appellate court, this second appeal has been filed.

( 2 ) THE appellant (hereinafter described as the plaintiff) asserted that the disputed house located in Nimchouri, Cut-tack belonged to one Durga Prasad Bha-gat, the father of respondents 1 and 2 (hereinafter described as defendants 1 and 2), Durga Prasad had let out one room from the western side to the plaintiff on a monthly rental of Rs. 8/ -. After the death of Durga Prasad, defendants 1 and 2 acknowledged the plaintiff as tenant and received rent from him. Bhikari Charan Behera, defendant No. 3, took on rent from Durga Prasad the room on the eastern side and at his own cost constructed a shed. Defendants I and 2 instituted H. R. C. Case No. 78 of 1969 against Bhikari Charan Behera for his eviction. The proceeding was in respect of the entire house (the rooms both on the eastern and western sides ). Defendants I and 2 obtained an order for eviction of defendant No. 3 in the said proceeding and filed Execution Case No. 175 of 1971 for possession.