SHANKARLAL NADANI Vs. SOHANLAL JAIN

JUDGEMENT

(1.) This Civil Second Appeal under Sec. 100 CPC filed by the appellant-defendant-tenant (hereinafter 'the tenant') comes up challenging the judgment and decree dtd. 5/10/2021 by the learned Additional District Judge, Suratgarh, District Sriganganagar in Civil Appeal No. 06/2015 upholding and affirming the judgment and decree dtd. 28/5/2015 passed by the Civil Judge, Suratgarh in Civil Original Suit No. 24/2013 decreeing the suit filed by the respondent-plaintiff-landlord (hereinafter 'the landlord') for eviction and mesne profits.

(2.) Heard the learned counsel for the parties and perused the impugned judgment and decree passed by the Courts below.

(3.) The facts of the case as culled out from the record are that one Shop No.4 (measuring 10x15 sq. feet) situated at Jain Katla, Suratgarh of the respondent-landlord was let out to father of the appellant and after the death of father, the shop is continuing in monthly tenancy of the appellant. As per plaint, the shop was let out in the year 1982 at the rent of Rs.583.33 per month whereas as per the defendant, the shop was taken on rent in the year 1972 at the rent of Rs.110.00 per month and the rent was enhanced to Rs.3500.00 half yearly (Rs.583.33 per month), so it was half-yearly oral tenancy.