P.K. Jaiswal, J.

( 1. ) This second appeal has been filed by the plaintiff against the judgment and decree dated 22.6.2005 passed by the II Additional District Judge, Sagar, reversing the judgment and decree of the Trial Court and dismissing the suit for ejectment filed by the appellant.

( 2. ) On 1.10.1981 appellant had filed the civil suit for ejectment of the respondent from the suit plot marked as A, B, C and D in the plaint map on the allegation that the respondent was his tenant. The agreed rent was Rs.1800/- per annum and the tenancy started from 15th August of each year and ended on the 14th August of the next year. It was stated that the suit plot having an area of 22,500sqft is situated at Makronia (Buzurg), Tehsil on Sagar-Kanpur road and on this plot there exists a petrol pump belonging to the appellant. It was also stated that the petrol pump was let out initially to "Burmah Shell Oil Storage and Distributing Company of India Limited" on 15.8.1961 vide lease deed dated 14.8.1961 (AnnexureEx.P/1). The letting out was for the period of 10 years, and thereafter, the lease continued as it was renewed every 10 years. The respondent took over after nationalization in