JUDGMENT

1. This first appeal under Section 96 CPC has been filed against judgment and decree dated 23.2.2005 passed by Additional District Judge (Fast Track) No.3, Jhunjhunu in Suit No.(68/97, 30/99) 197/2003, whereby and whereunder the suit for eviction and recovery of rent has been decreed against the defendant- appellants.

2. The facts of the case as culled out from the record are that respondent-plaintiff (hereinafter 'plaintiff') owned a Nohra east facing in Ward No.20, near Dalmiyon ka Kua, Chirawa, wherein two rooms, kitchen, varandah, latrine bathroom were constructed. The construction was shown in green colour and red lines in the map annexed with the plaint.

As per plaintiff rented premises comprises of only one room, kitchen, veranda, latrine and bathroom in Nohra and another room was not let out but defendant tenant, behind the back of plaintiff, has broken the lock of the room on 7-2-1997 and entered into possession. Whereas as per defendant both rooms with other portion in nohra were let out by father of plaintiff way back in the year 1967 @ Rs.45/- per month and tenancy is oral. The trial court while deciding issues No.2&4 has concluded that entire nohra including two