- (1.) The appellant-defendant-tenant has filed the present second appeal before this Court under Section 100 of CPC on 09.12.2010 being aggrieved by the concurrent decree of eviction dated 08.04.2008 granted by the learned Trial Court of Civil Judge (Senior Division), Bhadra in Civil Original Suit No.52/2004- "Bhanwar Lal Vs. Mumtaz Khan", which judgment and decree has also been upheld by the learned First Appellate Court below of Additional District Judge, Bhadra, District Hanumangarh vide the judgment and decree dated 30.10.2010, while dismissing the appeal filed by the defendant-tenant being Civil Appeal No.3/2008 "Mumtaz Khan Vs. Bhanwar Lal."
(2.) The respondent-plaintiff-landlord came with a case before the learned Trial Court that the suit premises in question viz. a shop situated in front of Krishna Talkies at Town Bhadra, was given on rent to the appellant-defendant in the year 1996, the monthly rent of the suit shop was Rs.1,000/- per month and with effect from 02.10.1996, the rent was agreed to be increased by 20% per year. It was further averred by the plaintiff that he sent a notice dated 10.11.2003 by registered AD post to the appellant-defendant terminating the lease under Section 106 of the Transfer of Property Act with effect from 01.12.2003 but the said notice returned back with the postal remark that the "unclaimed". The suit was thus filed on 26.04.2004 seeking ejectment of the defendant-tenant and claiming arrears of rent. Both the learned courts below have concurrently granted decree of eviction against the defendantappellant, against which the present appeal has been filed by the defendant-tenant.
(3.) The relevant portion of the discussion made by the learned Trial Court, while decreeing the suit of the plaintiff, vide its judgment and decree dated 08.04.2008, is quoted herein below for ready reference:- 1638045-2;