1. Suit for possession filed by Banarsi Dass was decreed by the trial Court. However, on appeal the decree was set aside. Hence Banarsi Dass is in second appeal. Banarsi Dass plaintiff claimed to be a tenant in the house in dispute for the last forty to forty-five years, since the time of his father. He was residing in Calcutta. However, his wife and children continued staying in the house at Bhiwani. Some time back he took his wife to Calcutta where she died. During his absence Maman Chand defendant forcibly and illegally took possession of the house about 15 days prior to the filing of the suit which was filed on 18/02/1982. Defendant Maman Chand contested the suit and admitted that the plaintiff was residing in Calcutta and doing business there. However, he was not residing in the house in dispute. He himself claimed to be a tenant of the house in dispute having taken on rent from its owner Smt. Gita Devi with effect from 5/06/1981 on a monthly rent of Rs. 15.00. As per his knowledge Har Saroop, brother of the plaintiff, was in possession of the house in dispute and had surrendered the same for a consideration of Rs. 15,000.00. On the pleadings of the parties the trial C