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, defendant denied his tenancy and alleged himself to be the owner. The trial court as well as, the first appellate court after appreciation of evidence on record, concluded that defendant does have possession over suit property as tenant and not as owner and further the plaintiff has terminated his tenancy vide legal notice dated 19.11.2005, as such both courts concurrently have passed decree for eviction against defendant, along with arrears of rent and mesne profits.

4. The plaintiff instituted a civil suit for ejectment on 03.01.2006 claiming inter alia that plaintiff purchased the house in question including the suit premises through registered sale deed dated 30.01.2002 from the erstwhile owner and landlord one Shri. Purshotam Das. It was averred that defendant was tenant in two rooms and kitchen the same house at ground floor and seller had instructed to defendant to pay rent from 30.01.2002 onwards to plaintiff purchaser. It was averred that after such instruction by the erstwhile owner/landlord, the plaintiff asked to the defendant to pay monthly rent at the rate of Rs.400/-per month, else defendant may vacate rented portion. However, defendant accepted to pay rent at the rate of Rs.400/-per month and paid rent from 01.02.2002 to 31.07.2002, but did not pay rent thereafter w.e.f. 01.08.2002 onwards. It was averred that defendant started vandalizing the rented premises and raised new construction without permission of the plaintiff and cause substantial damage as well as material alteration to the rented property. The plaintiff served a legal notice dated 14.10.2005 upon defendant to which defendant replied vide notice dated 09.11.2005, denying the plaintiff as owner/landlord as well as asserted his possession as owner over the suit property. The plaintiff served another legal notice dated 19.11.2005 under section 106 of the Transfer of Property Act terminating the tenancy of defendant and thereafter filed present civil suit for ejectment/possession, due arrears of rent and mesne profits. Initially, the plaintiff mentioned the provision of Section 13 of the Rajasthan (Control Rent and Eviction) Act, 1950 in the subject matter of his civil suit for ejectment, but later on with permission of the court, amended his plaint mentioning the provisions of Section 109 of the Transfer of Property Act, 1882.

5. The defendant submitted his written statement and categorically claimed that defendant is residing in suit property since time of his father, as owner of suit property, and neither his father nor he ever paid any rent to plaintiff-purchaser or to the seller. The defendant categorically denied the plaintiff to be his landlord and also denied the plaintiff’s ownership over the suit property. The defendant claimed that he is using and occupying the suit pro