1. Heard Mr. Vaidehi Raman Prasad Singh, learned counsel for the appellant and Ms. Sushmita Mishra, learned counsel for the respondents.

2. This Second Appeal has been filed by the defendant / respondent - appellant challenging the judgment and decree of the learned appellate court below.

3. The matter arises out of Eviction Suit No. 01 of 2013 which was filed by the plaintiffs / appellants - respondents for eviction of sole defendant on the ground of personal necessity of the plaintiffs for the suit premises and also on the ground of default in payment of rent by the defendant.

4. On 31.01.2023 these following substantial questions of law were formulated while admitting the appeal: -
(i). Whether the rent for the month of October and November having being sent by Money Order in December which was refused by the land lord could be held by appellate court to be a defaulter?
(ii). Whether the judgment of learned appellate court is vitiated on account of non - consideration of the reasonings of learned trial court while reversing its findings?
(iii). Whether the findings of the appellate court is based on the errors of record and non - consideration of material evidence both oral and d