JUDGMENT :

1. The instant First Appeal has been filed by the appellant/ plaintiff under Section 96 of the Code of Civil Procedure,1908 challenging the judgment and decree dated 25-11-2010 passed by 9th Additional District Judge (FTC) Raipur in Civil Suit No. 15-A/2006 by which the suit filed by the plaintiff for ejectment of defendant from shop No. J-47 situated on the ground and first floor at Textile Market, Pandri, Raipur for arrears of rent from July 2005 to August 2005 and damages has been dismissed.

2. Brief facts necessary for disposal of this appeal are that the plaintiff is the owner of Shop No. J-47 as detailed in the map attached with the plaint. It is averred in the plaint that the plaintiff gave the shop No. J-47 on rent to the defendant vide agreement dated 04.11.2004 for 11 months on monthly rent of Rs. 13,180/-. As per the terms of rent agreement, the defendant had to pay the rent on 5th day of every month. The defendant has stopped the payment of rent from July 2005, then the plaintiff made personal contact but he has not paid the rent despite request made by him. It has been further contended that after completion of studies, the plaintiff decided to start his cloth