1. - The appellant-defendant has filed the present appeal under Section 100 of CPC, challenging the judgment and decree dated 11.03.2011 passed by the Additional District & Sessions Judge, Kishangarh, District Ajmer (hereinafter referred to as "the appellate court") in Civil Appeal No.40/2009, whereby the appellate court has partly allowed the said appeal and partly confirmed the judgment and decree dated 07.11.2009 passed by the Civil Judge (Junior Division) Kishangarh, District Ajmer (hereinafter referred to as "the trial court") in Civil Suit No.89/2004.

2. The short facts giving rise to the present appeal are that the respondent-plaintiff had filed the suit against the appellant-defendant seeking possession of the suit premises being the shop No.6 under Section 106 of the Transfer of Property Act (hereinafter referred to as "the T.P. Act"). It was alleged interalia in the suit that the appellant-defendant was the tenant in respect of the said suit shop, which was let out to him by late Shri Ganga Bishan, who happened to be the father of the respondent-plaintiff. According to the respondent, he had become the owner of the suit shop after the death of his father, by virtu