Nisha Gupta, J. - (1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 3.1.2012 passed by Additional District Judge No. 1, Bundi in Civil First Appeal No. 66/2011 whereby the appellate court has affirmed the decree of the trial court dated 30.1.2003 passed by Civil Judge (J.D.), Bundi in Civil Suit No. 371/92 by which suit for eviction and arrears of rent has been decreed against the present appellant.
(2.) THE short facts of the case are that respondents filed a suit for eviction against the appellant on the ground of title of denial. Plaintiff has claimed that he is owner of the property and he has rented the premises to the appellant. Appellant has stated in his written statement that property belongs to Municipal Board and he has constructed the shop. The court below has decreed the suit and appeal has been dismissed, hence this appeal. The contention of the appellant is that courts below has only relied upon document Ex. 3 in absence of fact that never the rent has been paid to respondent, Ex. 4 alleged account of construction does not bear his signatures, no notice for payment of rent has been served upon him, he is not the tenant and court below has not considered the facts in right perspective. Per contra, the contention of the respondents is that there is no perversity in the impugned order. Ex. 3 rent note has been placed on record which speaks that property has been rented to the appellant and there is no iota of evidence that property belongs to Municipal Council and enquiry as regards to title is foreign in the suit for eviction.
(3.) HEARD the learned counsel for the parties and perused the judgments and decree under appeal as well as original record of the case.;