1. This is landlord's second appeal under Section 100 of CPC against the judgment and decree dated passed by the 6th Additional District Judge, Bilaspur in Civil Appeal No.9-A/1996.

2. Facts, in brief, necessary for disposal of this appeal are as under:

i. Appellant/plaintiff instituted a suit for eviction, arrears of rent and for damages @ Rs.50/- per day against the tenants.

ii. The trial Court, vide judgment and decree dated 2.4.1996, decreed the suit granting decree of eviction and Rs.3,000/- as arrears of rent from 01.07.1994 till filing of the suit with interest against respondents No.2 & 3 (since deceased).

iii. Feeling aggrieved and dissatisfied with the second part of the decree, the appellant preferred first appeal. The first appellate Court modified the decree to some extent and granted decree of Rs.3,000/- against respondent No.1.

iv. Feeling aggrieved and dissatisfied by not awarding decree of arrears of rent/damages from the date of institution of the suit till delivery of vacant possession by respondent, the instant second appeal has been filed by the landlord.

3. This Court, vide order dated 26.6.2013, admitted the appeal on the following substantial question of l