(1.) The instant appeal under Sec. 96 of the Code of Civil Procedure, 1908 is preferred by the appellant/defendant No.l/tenant being crestfallen by the judgment and decree dtd. 23/8/2004 passed by II Additional District Judge, Shivpuri in Civil Suit No.13-A/1996 whereby the suit of the plaintiff/respondent No.1 has been decreed.
(2.) Facts in brief are that plaintiff/respondent No.1 Smt. Shyamlata along with her husband Brijmohan Das (since deceased) filed a suit for eviction and arrears of rent against the present appellant/defendant No.1. Initially, two defendants were arrayed as parties in which defendant No.2 - Chatur Bihari Shrivastava was a person who stood guarantor for payment of rent, therefore, arrayed as defendant.
(3.) The suit was filed by the plaintiffs with the allegations that they are having two storey house at Sadar Bazaar Tekari, Shivpuri of ownership and possession of plaintiffs, four corners of which are mentioned in the plaint. Defendant No.1 (Kailash Narayan present appellant) took the said house (except some portion) for residential purpose on 1/5/1994 on rent of Rs.2300.00 per month as per the rent note dtd. 1/5/1994 and conditions contained therein. Defendant No.2 -Chatur Bihari Shrivastava stood guarantor for payment of rent.
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