( 1 ) THIS appeal is filed against the judgment and decree in O. S. No. 5610 of 2001, dated 18-8-2004. The appellant herein was a defendant before the Trial Court against whom the respondent herein filed a suit for delivery of vacant possession of suit schedule premises and also a direction for the payment of Rs. 10,000/- towards the arrears of rent apart from damages from the date of suit till the date of possession etc.

( 2 ) THE case of the plaintiff before the Trial Court was, the appellant herein became a tenant under a lease deed dated 1-12-1999 on a monthly rent of Rs. 2,000/ -. Eviction Petition No. 922 of 1990 was filed for eviction of the appellant on the ground of bona fide use and occupation of the premises. But however, said suit was dismissed as not maintainable. Right from the beginning, the appellant did not pay the rents and as on the date of filing of the suit, he was due in a sum of Rs. 40,000/- towards arrears of rent and after adjusting the arrears of rent from the advance paid by the tenant, still, the defendant/appellant was due in a sum of Rs. 10,000/- as on the date of filing of the suit. With these averments, he sought eviction of the tenant. Before filing

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