1. This is a second appeal by the plaintiff/landlord against the judgment and decree dated 31.8.89 in civil appeal No.8 of 1989 by IIIrd Additional District Judge, Bilaspur, whereby the appeal was allowed and the judgment and decree dated 31.1.87 in civil suit No.42-A/81 by Civil Judge Class X., Mungeli was set aside and the suit of the landlord plaintiff/appellant for ejectment of respondent was dismissed.

2. The plaintiff/appellant filed a suit on the allegation that, the defendant/respondent is the tenant in the suit shop situated at House No. 32, Mahamai para ward, Mungeli, Distt. Bilaspur, at the monthly rent of Rs. 30/-. It has been alleged that the suit accommodation had fallen in the share of plaintiff/appellant, in the partition of family property in the year 1978 and his name has also been recorded thereon in the Municipal records. The plaintiff/appellant is carrying on his cycle shop in the tenanted premises of his father and requires the suit premises for carrying on the said business and that he had no other suitable accomodation in Mungeli for the above purpose.

3. The defendant/respondent resisted the suit and alleged that the partition was fictitious and that