JITENDRA RAY GOYAL, J. - (1.) THIS is second appeal filed by the appellant- defendant (hereinafter shall be referred as the appellant-tenant) under section 100 of the Code of Civil Procedure (in short CPC) against the judgment and decree dated 15/11/1990 passed by Additional District Judge No. 2, Bharatpur in Regular Civil First Appeal No. 7/1987 whereby the appeal filed by the appellant tenant has been dismissed and the judgment and decree of eviction dated 18/12/1984 passed by Additional Civil Judge, Bharatpur in Civil Suit No. 205/1980 in favour of respondent-plaintiff (hereinafter shall be referred as the respondent-landlord) has been affirmed.
(2.) THE respondent-landlord filed a suit for arrears of rent and eviction in September, 1973 and subsequently pleadings were amended and eviction was sought on the ground of reasonable and bonafide necessity, material alteration, diminishing the value of the suit property and default in payment of rent. The appellant-tenant denied all the grounds of eviction and in regard to the allegations of material addition and alteration he specifically pleaded that water tank being temporary in nature has been constructed on the public drainage (nali), therefore, it is not material alteration by which no loss has been caused to the respondent-landlord and for which permission was also taken from the respondent-landlord 8-10 years ago.
(3.) ISSUES were framed and witnesses were examined on behalf of both the sides. Thereafter, learned Additional Civil Judge, Bharatpur vide judgment dated 18/2/1984 decreed the suit for eviction on the ground of material addition and alteration.;