1. This second appeal under Section 100 CPC has been filed against the judgment and decree dated 4.7.2014 passed by Additional District Judge, Dholpur in Civil Appeal No. 4/2013 confirming the judgment and decree dated 12.1.2012 passed by Civil Judge (Senior Division) Dholpur, in Civil Suit No. 12/2009.

2. The relevant facts giving rise to this appeal are that plaintiff respondent No.1 filed a suit for eviction and arrears of rent on the ground that the disputed shop was given on rent to defendant respondent No. 2. On 15.9.2000, the plaintiff respondent came to know that the shop has been rented to appellant without his permission. The appellant then informed that he is the owner of the shop, hence on the ground of default of payment of rent and subletting, the suit for eviction has been filed. In written statement respondent No.2 has pleaded that shop in dispute was taken on rent from Buchi Ram and after the death of Buchi Ram, the shop was purchased from his daughter Harpyari by registered sale deed and thereafter suit property has been sold to Rajeshwari Devi, wife of appellant. Appellant has also pleaded that he is the owner of the property. The court below has decreed