Deepak Maheshwari, J.

This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 06.05.2015 passed by Addl. District Judge, Sujangarh in appeal decree No.01/2015 whereby the learned first appellate Court allowed the appeal filed by the respondent defendant and reversed the judgment and decree dated 29.11.2014 passed by Civil Judge (J.D.) Sujangarh in Civil Original Suit No.531/2014 (117/2012) whereby the decree of eviction has been passed against the respondent/defendant and it was held that the appellant/plaintiff is entitled for mesne profit @ Rs.3000/- per month from the date of filing of the suit till getting the possession of the tenanted property.

2. Briefly stated the facts giving rise to the instant appeal are that the plaintiff - Kishore Kumar filed a suit for eviction against the defendant/respondent inter alia alleging that he is in possession of a residential house situated at Naya Bazar and the plaintiff has rented out one room and kitchen constructed on the first floor of the said premises to defendant @ Rs.700/- per month. The defendant/respondent has executed an agreement and declaration on 20.09.2011 to the effect that