( 1. ) THIS is an appeal by a tenant Kikabhai against whom there is a decree for ejectment as well as for arrears of rent and mesne profits. The ejectment has been sought from an open piece of land. Its old Municipal no. 1 was divided into different numbers as 34, 35, 36, 37 and 38. The land in tenancy measures 1586" towards North; 156 towards South; 849" towards East and 286" towards the West. The tenanted portion also included a guest house with a compound and motor garage measuring 783 square feet in area. The portion actually in occupation of the defendant as a tenant has been shown in the map Ex. P/9 bounded by red-lines and marked as A and B.

( 2. ) THE plaintiffs allege that the defendant was a tenant of the premises before 1-7-1950. But at that time the portion in his occupation was much more than the present portion in suit. On 30-6-1950 the defendant surrendered all other portions excepting the suit portion for which the defendant agreed to pay rent Rs. 205 per month, The lease was for a period often years. The lease deed was executed and registered on 28 9-1930. After that the defendant surrendered some more portion and the rent was therefore reduced to Rs. 190