( 1 ) THIS appeal arises out of a suit filed on 25th June 1960 by the respondent No. 1, Sheoji Bhai, against the appellant Shyamacharan and the respondent No. 2 yadav, claiming a decree for their eviction from a cinema-house known as Jairam theatres, situated in Raipur, and a decree for arrears of rent and damages. The additional District Judge of Raipur, who is trying the suit, has, in the circumstances stated below, given to the plaintiff a decree for the ejectment of the defendants. It is against this decree that this appeal has been filed.

( 2 ) THE plaintiff's case was that by a registered lease-deed the defendants had taken from him the cinema house on lease for a period of ten years from 20th May 1950 at a monthly rent of Rs. 1600/-; that on the expiry of the lease by efflux of time on the midnight of 19th May 1960 he served telegraphically a notice on the defendant Shyanzacharan for vacating the leased property and delivering vacant possession thereof to him; and that instead of vacating the cinema-house, the said shyamacharan sent a false reply alleging that according to an oral agreement between him and the plaintiff the lease had been extended for a further