(1.) The defendant/appellant is a tenant, challenging the concurrent findings of both the courts below decreeing the suit granting eviction against him, has come to this Court by the present Second Appeal.
(2.) Brief facts leading to the filing of the present Second Appeal are given hereunder:
(3.) The trial Court, on considering the evidence of P. Ws. 1 and 2 along with Exs. A1 to A8 produced in support of the plaintiff s case and also considering the evidence of D. W. 1 and the Exs. B1 to B3 marked on side of the defendant and also the Commissioner s report-Ex. C1 and Ex. C2, came to the conclusion that the prayer for delivery of vacant possession of the suit property is maintainable and the defendant has to deliver vacant possession of the suit property to the plaintiff, on reaching a conclusion that the tenant/defendant/appellant has trespassed into the suit property. The trial court rejected the 4th prayer in respect of grant of damages caused to the building and the fixtures for Rs. 10,000/-. Further, the trial Court directed the defendant to pay the plaintiff the damages Rs. 600/- from 20.9.2002 to 30.9.2002 at the rate 1,700/- per month. The defendant was also directed to pay the future damages to the plaintiff at the rate of Rs. 1,700/- per month from 1.10.2002 to 31.12.2002 and at the rate of Rs. 2,000/- per month from 1.1.2003 till handing over possession by the trial court.