R.R.YADAV, J. - (1.) THIS appeal is directed against the judgment and decree dated 3.8.96 passed by the learned Additional District Judge No. 2, Jodhpur, affirming the judgment and decree passed by learned Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Jodhpur City.
(2.) THE instant appeal arises out from the following circumstances : The landlord-plaintiff-respondent filed a suit for eviction and arrears of rent before the learned trial court on the ground inter alia that the tenant-defendant-appellant has committed default in payment of rent, changed residential accommodation into a commercial accommodation, broken the terms of the tenancy by using the disputed premises for his business activities and built his own suitable residential house where he is residing with his family members.
(3.) IT is averred in the plaint that the tenant-defendant-appellant is using the disputed premises exclusively for business purpose whereas he was admitted to the tenancy of the said premises only for residential purpose.;