1. This is defendant's appeal arising out of a suit for the ejectment of the defendant from the house in dispute and for possession over the same and for a sum of Rs. 180/- as damages for use and occupation. The plaintiff's case was that he was the owner of the house and had let out the premises to the defendant on a monthly rent of Rs. 5/-. Plaintiff served on him a notice to quit on 25-10-1959. The defendant instead of vacating the premises denied the plaintiff's title and claimed title in himself. The plaintiff therefore filed the present suit. The defence was that the house had been given to the defendant twenty - eight years back by Palakdhari Singh the original owner of the house from whom the plaintiff claimed to have purchased it on 20-7-1949. He also claimed to have acquired title under S.9 of the U. P. Zamindari Abolition and Land Reforms Act on the ground that he was holding the house and had spent considerable amount in re - constructing the same.

2. The plaintiff could not produce the orig