Hon'ble KOTHARI, J.—The appellant (the plaintiff) filed suit for declaration and injunction alleging that he took Shop No.426, Indira Bazar, Jaipur on rent 16 years ago from the respondent (the defendant) on a monthly rent of Rs.250/- which was increased from time to time and the current rent is Rs.500/- per month. The defendant wants to increase the rent to Rs. 1000/- per month. On 13.5.2001 he threatened the appellant that he should vacate the shop peacefully or else his articles will be thrown out of the shop. No rent deed was executed and the defendant did not give any receipt of rent. The plaintiff is an illiterate person and has a tailoring business in the shop. The defendant has also obtained his signatures on some blank papers and he is afraid that he may prepare some forged documents. The plaintiff prayed for a decree of declaration that he is the tenant of the defendant in Shop No. 46 and the defendant may be restrained by permanent injunction from getting him to vacate the shop without following due process of law.

2. The defendant denied the tenancy in his written statement and submitted that he gave the aforesaid shop for use to his daughter, Anjula Gandhi, in 1987 who

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