(1.) This is defendant's first appeal filed under Section 96 of the Code of Civil Procedure (for short 'the C.P.C.') against the Judgment and Decree dated 30-01-2004 passed by the Second Additional District Judge, Durg in Civil Appeal No. 5A of 2002 whereby and where under the plaintiff's suit filed for eviction of the appellant has been decreed.
(2.) To appreciate the controversy raised in the appeal, a few relevant facts may be stated.
(3.) Smt. Savita Devi owned a plot at station road, Durg, having dimension of 126 feet on the north, 90 feet on the south, 60.9 feet on the east and 60 feet on the west (hereinafter referred to as the suit accommodation). Late Aditya Narayan Tiwari was a tenant on this plot on a monthly rent of Rs. 100/- and he was running saw mill there.