Rajesh H. Shukla, J.—The present First Appeal has been filed by the appellant – original defendant challenging the judgment and order rendered in Special Civil Suit No. 551 of 2008 by the learned 3rd Additional Senior Civil Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad dated 19.02.2011 on the grounds stated in the memo of appeal.

2. The facts of the present case briefly stated are that the suit property – flat No. B-13, Venunad Apartment, Near Udgam School, Ahmedabad had been given by the respondent – original plaintiff on leave and licence basis as per the agreement of Leave and Licence at Ex.26 subject to the terms and conditions mentioned therein for a period of 11 months. As per the terms and conditions of the Leave and Licence Agreement, the appellant was to handover vacant and peaceful possession on expiry of the period. The appellant was also required to pay Rs. 5,500/- regularly, every month and in case of any two consecutive defaults, the tenancy would get terminated automatically. It is also stipulated that, by notice, such leave and licence could be terminated before expiry of 11 months. As there was a default committed by the appellant in making payment of the am