( 1 ) THIS is a defendants second appeal against a decree for ejectment. It is necessary to state very briefly the facts which have led to this appeal. Sri Sharnbhu Dayal, the plaintiff respondent is the owner of bunglow No. 306 in the Civil Lines, Jhansi. It was let out to Sri Sudhundar Kumar varma defendant-appellant No. 1. It is common ground that, after the partition of India, his brother-in-law Ram Prakash came from Pakistan to live with him at Jhansi. He is defendant No. 2 in the suit for ejectment and a pro forma respondent in the appeal. He has also filed an appeal against the decree for ejectment on his own behalf. Both these appeals are being heard together and this judgment will govern both. The whole controversy centres round the terms and conditions under which Ram Prakash, the refugee from pakistan, was admitted into the house by his brother-in-law. Sri S. K. Varma the appellant. It is common ground that Ram Prakash came to live with his brother-in-law about 1948-49, that the latter shifted into another house with his wife but his children continued to live in the same house. It is also conceded by both counsel that the landlord made an application in