VINEET KOTHARI, J. - (1.) HEARD .
(2.) THE appellant/defendant has preferred this first appeal impugning the judgment and decree dated 26.09.2014 passed by learned Additional District Judge, Suratgarh, in Civil Suit No.94/2012 (72/2009) whereby the suit filed by the respondent/plaintiff for eviction and recovery of arrears of rent has been decreed.
(3.) SUCCINCTLY stated, the facts of the case are that the plaintiff filed a suit for eviction and recovery of rent of the suit shop, situated at Main Bazar, Purani Dhan Mandi, Suratgarh, which was let out to the defendant at a monthly rent of Rs.3500/ - per month. The plaintiff sought eviction of the defendant on ground the bonafide necessity for starting business for his son. A notice was also given to the defendant/tenant on 16.03.2009 terminating the tenancy. The plaintiff has also averred that the defendant has defaulted in making payment of rent. The appellant/defendant upon receipt of the notices submitted his written statement while denying the facts averred in the plaint. In the written statement, the defendant averred that in the suit shop, he is running his business of "XXX XXX XXX". The defendant denied any default in payment of monthly rent and in this respect it has been averred by the appellant that the tenancy was yearly basis and not monthly basis. The defendant also questioned the bonafide necessity of the suit shop for starting business of his son as the plaintiff owns 8 -10 shops in the Suratgarh itself, where his son is said to have doing his business.;