(1.) THIS is plaintiff's second appeal against the judgment and decree passed by the IIIrd A.D.J. Ratlam. Plaintiff has lost in both the Courts below.
(2.) THE appeal was admitted for final hearing and the following question was formulated :
(3.) PLAINTIFF filed a suit for eviction in respect of suit shop described in the plaint on the allegations that under an oral tenancy, respondent was occupying the suit shop on payment of monthly rent of Rs. 165/. Tenancy was monthly. That the respondent was in arrears of rent which he had not paid despite service of demandcum quit notice. It was also alleged that the suit shop was in a dilapidated condition.