DEEPAK MAHESHWARI,J. - (1.) This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 06.05.2015 passed by Addl. District Judge, Sujangarh in appeal decree No.01/2015 whereby the learned first appellate Court allowed the appeal filed by the respondent defendant and reversed the judgment and decree dated 29.11.2014 passed by Civil Judge (J.D.) Sujangarh in Civil Original Suit No.531/2014 (117/2012) whereby the decree of eviction has been passed against the respondent/defendant and it was held that the appellant/plaintiff is entitled for mesne profit @ Rs.3000/- per month from the date of filing of the suit till getting the possession of the tenanted property.
(2.) Briefly stated the facts giving rise to the instant appeal are that the plaintiff - Kishore Kumar filed a suit for eviction against the defendant/respondent inter alia alleging that he is in possession of a residential house situated at Naya Bazar and the plaintiff has rented out one room and kitchen constructed on the first floor of the said premises to defendant @ Rs.700/- per month. The defendant/respondent has executed an agreement and declaration on 20.09.2011 to the effect that he will vacate the premises in question on or before 31.03.2012 and hand over the possession to the plaintiff/appellant but after expiry of the said period, the defendant/respondent has not vacated the said premises. Thus, the plaintiff/ appellant has sent a notice through registered post to the defendant/respondent on 11.10.2012 for termination of tenancy and for paying the arrears of rent. The said notice was duly replied by the defendant/respondent vide reply dated 15.10.2012. It was further alleged in the suit that the defendant/respondent neither vacated the tenanted premises nor paid the arrears of rent. The plaintiff has not claimed any relief with regard to recovery of arrears of rent but while showing the defendant appellant as encroacher and in use and occupation of the premises in question claimed compensation @ Rs.3000/- per month.
(3.) The defendant/respondent filed his written statement and denied the contentions raised by the plaintiff/appellant in the suit. In reply to para No.1 of the suit, the defendant/respondent has admitted that one room and one kitchen is constructed on the first floor of the suit premises but he has denied other facts of para No.1 for want of knowledge.;