PRAKASH GUPTA,J. - (1.) This second appeal is directed against the judgment and decree dated 23.08.2017 passed by Additional District Judge No.5, Ajmer (hereinafter referred to as 'appellate court') whereby the appellate court dismissed the appeal filed by the appellant and confirmed the judgment and decree passed by the Civil Judge (Junior Divison) South, Ajmer.
(2.) Brief facts giving rise to this appeal are that the defendant-plaintiff filed a suit before the trial court seeking eviction from plot No.75 described in para one of the plaint on the ground that the provisions contained in the Rajasthan Premises (Control of Rent and Eviction) Act, are not applicable since the plaintiff is a body corporate. It is also alleged in the plaint that by giving statutory notice dated 31.12.2000, tenancy of the defendant had been determined.
(3.) Defendant resisted the suit by filing written statement wherein he admitted that he is tenant of the plaintiff.;