S.C. Pandey, J.

1. This is an appeal under section 100 of the Code of Civil Procedure filed by the defendant/tenant Salikram against the original landlord/plaintiff Jogendra Singh Ghai, who had died during pendency of this appeal and his legal representatives have been brought on record.

2. This appeal is directed against the judgment and decree dated 16th of January, 1990, passed by 1st Additional District Judge, Raigarh, in Civil Appeal No. 17-A of 1983 arising out of the judgment and decree dated 8th of March, 1982 passed by IInd Civil Judge Class-II, Raigarh, in Civil Suit No. 181-A of 1981.

3. The original plaintiff/respondent Jogendra Singh Ghai filed a Civil Suit No. 181-A of 1981 against the appellant stating that he was the landlord of House No. 208, situate at Koshtapara, Nayaganj Ward No. 12, Raigarh. It was alleged in the plaint that the appellant, on 30th of May, 1967 entered into a portion the suit-house, mentioned in the schedule annexed to the plaint, as a tenant on monthly rent of Rs. 30/-He had executed a document showing his tenancy. The tenancy continued from 30th of every month and ended on 29th of each next month. It was further pleaded that from 30th of