JAGDISH Vs. MURTI MANDIR SHRI NAYAMAJI

JUDGEMENT

(1.) THIS second appeal under Sec. 100 read with Section 103 CPC has been filed against the judgment/order dt. 19.12.2013 passed by Additional District Judge No. 2, Sikar in Appeal No. 83/2009 (100/2009) whereby the judgment and decree dt. 14.09.2009 passed by Civil Judge (SD) Fatehpur Shekhawati, Sikar in Regular Civil Suit No. 14/2004 has been confirmed and the eviction decree has been passed against the appellant. The short facts of the case are that plaintiff -respondent filed a suit for eviction and for arrears of rent in connection with shop situated in Nayama Bajar Laxmangarh, Sikar. The property was rented to the appellant at the rate of Rs. 501/ - per month on 01.01.2000. The defendant failed to deposit the rent from 01.01.2002 and a notice has been served through registered post by which the defendant was asked to vacate the suit premises until the midnight of 31.07.2003. Notice was received by the defendant and he gave reply on 01.07.2003 but premises has not been vacated. Hence, the suit has been filed.

(2.) THE contention of the appellant -defendant was that shop was rented to him on 01.09.1988 at the rate of Rs. 300/ - per month and thereafter, the rent of the shop was increased on 01.01.2000 and in spite of the contention of the appellant, the suit has been decreed against him and the appeal preferred by the appellant has also been dismissed . Hence, this second appeal.

(3.) HEARD learned counsel for the parties and perused the impugned judgment.