RAJESH KUMAR Vs. MANCHHA RAM

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against the judgment and decree dated 26.05.2010 in appeal No.2/2010 � Rajesh Kumar vs. Manchha Ram passed by learned Additional District Judge (Fast Track), Sirohi, whereby he dismissed the appeal and upheld the judgment and decree dated 22.05.2008 passed by the learned Civil Judge (Jr.Division), Sheoganj in Civil Original Suit No.41/2003 � Manchha Ram vs. Rajesh Kumar, whereby he decreed the suit filed by the plaintiff � respondent for eviction and recovery of arrears of rent in respect of suit premises, viz. situated at AGAINST the concurrent decrees of eviction upon termination of lease under Section 106 of Transfer of Property Act, the courts below have granted the eviction decree in favour of the respondent � plaintiff and against the appellant � defendant. Aggrieved by the concurrent decree of the learned courts below, the appellant � defendant - tenant has filed the present second appeal before this Court under Section 100 CPC.

(3.) LEARNED counsel for the respondent � plaintiff, Mr. Sandeep Shah has relied upon a judgment of Hon'ble Supreme Court in the case of Sarup Singh Gupta vs. S. Jagdish Singh and others reported in 2006(3) RLW � 1868 and contended that mere acceptance of rent after notice terminating lease by landlord, does not amount to waiver on his part. The relevant portion is quoted below for ready reference.