S.V. Gangapurwala, J. — The original plaintiff is the present appellant. The plaintiff

instituted a suit bearing R.C.S. No.10/1976 before the Civil Judge Junior Division, Latur for possession of 1/4th vacant plot bearing No.27/42 at Latur and for recovery of arrears of rent.

The plaintiff contended that the defendant had taken a vacant plot on rent at the time of Diwali 1968, on monthly rent of Rs.17 for a period of one year i.e. up to Diwali 1969. The said agreement was oral. The defendant even after lapse of one year continued in possession of the said vacant site but was irregular in payment of rent. The plaintiff as such issued notice demanding arrears of rent of Rs.350 and terminating his tenancy vide notice dated 10.12.1973. In spite of service of said notice the defendant did not pay the amount of rent. The plaintiff thereafter again issued notice calling upon the defendant to pay the arrears of rent of Rs.368/and again terminated the tenancy. It was further contended that at the time of Diwali 1975 the defendant approached the plaintiff and promised to vacate the suit plot. Relying on his promise the plaintiff has rented the suit plot at Rs. 40 per month. Therea