1. In this regular first appeal, the appellant was the defendant in the suit filed by the landlady Dr. (Mrs.) Kala Mehta for eviction against the appellant of the premises situated in A-29, Vidhyalaya Marg, Tilak Nagar, Jaipur the appeal is directed against the judgment and decree dated 19.12.1996 passed by the Addl. District Judge No. 5, Jaipur City (Civil Suit No. 12/1983) by which judgment the suit has been decreed with an order of ejectment.

2. The premises in question are said to have been taken on rent on 1.5.1976 by the appellant for the use for running of Central Academy School and a written rent note was executed between the parties. Respondent No. 1, the plaintiff, was living in foreign country and as per the allegations, the appellant had made certain constructions on the open space without the consent or permission of the landlady and as such had made material alterations in the building. Respondent No. 2 M/s. Upasana Constructions Pvt. Ltd. is the purchaser of the said premises by the registered sale-deed executed on 5.1.1990 and has been substituted in the place of original land-lord and, therefore, was entitled to receive the rent, pursuing the suit and als