( 1. ) THIS is an appeal against the judgment and decree, dated 2-3-1979, passed by the Third Additional District Judge, Gwalior in Civil appeal No. 92 of 1976, in appeal preferred against the judgment and decree dated 18-1-1972 passed by the Civil Judge, Class II, Gwalior, in Civil Suit no. 229a of 1969 CO.

( 2. ) THE suit of the plaintiff was filed for eviction and arrears of rent of an accommodation situated on Roshni Ghar Road," Lashkar. The plaint allegations are that the plaintiff owns a house, bearing Municipal No. 418, situated in Halka No. 21. On two sides of the house, there are shops and there is a lane in between the shops. In one of the shops, one Bhaget Singh buta Singh carries his business. In the other shop, the defendant has put up a lathe machine and carries his business there. The disputed shop was given on rent to the defendant on 18-5-1966 for 11 months at the rent of Rs. 135 per month. The period for notice of eviction was fixed at one month. The rent-note is executed by the defendant and it is for 11 months. A notice for eviction was given on 24-8-1968, in which arrears of rent due were demanded by the plaintiff from the defendant. The notice dated