JUDGMENT :

1. Appellant-Defendant (hereinafter defendant) has assailed the judgment and decree for ejectment with arrears of rent and the mesne profits dated 03.06.2016 passed by the court of Civil Judge, Pushkar, Ajmer in civil suit No. 5/2006 instituted by the respondent-plaintiff (hereinafter plaintiff) under Order 7 Rule 1 CPC read with Section 109 of Transfer of Property Act. The judgment and decree dated 03.06.2016 has been affirmed in the first appeal No. 48/2017 by the first appellate court, Judge Labour Court & Industrial Tribunal, Ajmer, vide judgment dated 11.05.2018. Thus, the concurrent findings of fact recorded by two courts below are under challenge in the present second appeal.

2. The appellant is defendant and respondent is plaintiff and hereinafter, the parties shall be referred with the same nomenclature as were called before the trial court.

3. The suit property is residential portion comprising of two rooms, kitchen situated at house No. 9/20 (New No. 7/13) Gautam Ashram Road, Choti Basti, Pushakar. The plaintiff alleged the defendant to be his tenant in the suit property at the rate of Rs. 400/-per month rent and tenancy was said to be oral, on the contrary, defe