S.D. Jha, J. -- 1. This second Appeal by defendant / tenant who was unsuccessful in the two Courts below was by order dated 8-12-89 admitted for final hearing on the substantial questions of law set out below: -

1. Whether in the facts and circumstances of the case the failure of the plaintiff /respondent to plead about the existence of 'BACK KOTHA' and its unsuitability for the plaintiff's non-residential purpose is fatal to the suit?

2. Whether in the facts and circumstance of the case in judging turnover of the plaintiff / respondent's business, the lower Court committed illegality in taking the turnover reflected in Khata of the plaintiff without proof of the entries of the Khata?

2. The plaintiff filed civil suit on 19-8-81 in the Court of Civil Judge Class-II, Sanawad against the defendant for eviction from non-residential accommodation described in para 2 and para 12-A- relevant clause of the plaint. The plaintiff's case was that in the year1974 he commenced running Kirana shop in portion of the house owned earlier by one Ramibai widow of Ram Lal. In the eastern side of this shop the defendant was running a shop being tenant of the earlier owner Rami Bai. Plaintiff by