S.C. Pandey, J.

1. This is an appeal under Section 100 of the Code of Civil Procedure filed by the defendants, who are the legal representative of Magan, the original defendant. This appeal is directed against the judgment and decree dated 26.2.1996 passed by Second Additional District Judge, Katni, in Civil Appeal no. 36-A of 1989 arising out of judgment and decree dated 3.4.1980, passed by the IInd Civil Judge Class-II Murwara, in Civil Suit No. 108-A of 1977. The connected Second Appeal No. 246 of 1996 (Vijay Kumar v. Smt. Shakuntala Bai and four others) is filed by another illegal representative of the erstwhile tenant against the same judgment and decree. Thus, both these appeals involve common questions of the facts and law and consequently, the disposal of this appeal shall govern the disposal of the Second Appeal No. 246 of 1996.

2. Girdharilal Gattani filed Civil Suit No. 21-A of 1962 for eviction against the original defendant, Magan, who occupied his non-residential premises as a tenant. The plaintiff took the plea that the suit premises were required by him for starting his business and he had no alternative accommodation of his own in the town of Katni. It is cle