(1.) THIS appeal under Section 96 CPC by the appellant -tenant is directed against judgment and decree dated 30.03.2011 passed by Additional District Judge (Fast Track), Abu Road (Sirohi), whereby, the suit filed by the plaintiff -respondent for eviction of the appellant from the suit shop has been decreed.
(2.) THE facts in brief may be noticed thus : the plaintiff Smt. Shanti Devi filed a suit for eviction, recovery of rent and damages against the defendant -appellant with the averments that a shop situated at Sadar Bazar, Mount Abu has been in tenancy of the defendant with rent @ Rs.5,500/ - per month under registered lease agreement dated 29.08.2002; the tenancy is monthly and starts from 09th of the month and terminates on 08th of the next month; the lease dated 29.08.2002 came to an end on 09.08.2007 and as per lease agreement the defendant was required to hand over vacant possession of the suit shop, however, despite requests the suit shop has not been vacated and, therefore, the suit was being filed; though as the period of lease has come to an end, there is no requirement to give legal notice, however, keeping in view the convenience of the defendant a notice dated 19.12.2007 through counsel by registered A.D. was sent to the defendant terminating tenancy w.e.f. 08.02.2008, which was returned with the remark 'refused' and despite the period of notice coming to an end on 08.02.2008, the suit shop has not been vacated; the tenant has paid rent upto 08.10.2007; plaintiff is entitled for outstanding rent for four months @ Rs.5,500/ - i.e. Rs.22,000/ - and thereafter for unauthorized occupation the plaintiff is entitled for damages @ Rs.5,500/ - per month. It was prayed that the possession of the suit shop be handed over to the plaintiff and a decree for a sum of Rs.22,000/ - be passed in her favour alongwith future damages @ Rs.5,500/ - per month.
(3.) A replication was filed by the plaintiff, inter alia, indicating that the plea regarding extension of tenancy for a period of five years on 10.08.2007 was incorrect and false; the defendant has prepared a fraudulent document; the rent upto 08.07.2008 has not been paid as per instructions of the plaintiff and the amount in her bank account has been deposited without her instructions.
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