BIRDI CHAND Vs. AZIZ MOHAMMED

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree dated 29.11.2013 passed by the Civil Judge (Senior Division), Shahpura, District-Bhilwara and the appellate Judgment and Decree dated 23.4.2015 passed by the Additional District Judge, Shahpura, District-Bhilwara, whereby the suit filed by the respondent for eviction and mesne profit has been decreed and the Appeal filed by the appellant has been dismissed respectively.

(2.) The respondent filed a suit for eviction from the suit shop with the averments that by way of notice dated 25.10.2005 under Sec. 106 of the Transfer of Property Act, 1882 ('the Act'), the tenancy has been terminated w.e.f. mid night of 1.12.2005 and therefore, the plaintiff was entitled for vacant possession of the suit property and mesne profits at market rate.

(3.) The suit was resisted by the appellant-defendant inter alia on the ground that the tenancy was not properly terminated and the plaintiff was not entitled for grant of mesne profit.