JUDGMENT :

1. This second appeal is directed against the judgment and decree dated 30/9/2013 passed by the learned Addl. District Judge No.2, Bhilwara, whereby, the appeal filed by the respondent has been allowed and judgment & decree dated 7/12/2007 passed by the Addl. Civil Judge (Sr. Div.), Bhilwara has been reversed and consequently the suit filed by the respondent-plaintiff for eviction and arrears of rent has been decreed.

2. The suit was filed on 24/1/1992 by the respondent landlord seeking eviction of the appellant from the suit shop and for recovery of arrears of rent inter alia with the averments that the suit shop was situated at Sarafa Bazar, Bhomiyon-ki-Gali, Bhilwara, which was let out to the appellant-defendant on a rent of Rs.100/-per month. It was alleged that the rent was in arrear since 1/1/1991 and on the date of filing of the suit, 12 months’ rent was due. Allegation regarding material alterations in the shop by putting up iron sheets on angles on the wall above the gate of the shop were also made.

3. Further submissions were made that the area of the shop in which the plaintiff was carrying his business of ‘Pan Shop’ was 6’x3’, which was adjoining the suit shop w