Prakash Tatia, J.-The appellant/defendant is aggrieved against the Judgment and decree dated 05.09.2003 by which the trial Court decreed the suit of the plaintiff against the respondent/tenant for eviction and also aggrieved against the Judgment and decree dated 06.04.2005 by which the first appellate Court dismissed the appeal of the appellant/tenant.

2. It will be appropriate to narrate the facts of the case because of the reason that it is third round of litigation between the landlord and tenant.

3. First Suit No. 59/1975 was filed by landlord Mohan Das against his original tenant Kalu Singh wherein ultimately, the matter was settled between the parties and the rent of suit shop was increased form Rs. 18/-to Rs. 40/-per month.

4. Second Suit No. 252/1991 was filed by landlord for eviction of tenant only on the ground of non-payment of rent.

5. At this juncture, it will be worthwhile to mention here that even during pendency of First Suit No 59/1975, original tenant Kalu Singh died and his son Madan Singh, present appellant, was impleaded as party who entered into compromise and agreed to increase the rent from RS. 18/-to Rs. 40/-per month.

6. In the Second Suit also, t