JUDGMENT :

1. The present first appeal has been filed against the impugned judgment and decree dated 05.08.2022 passed by the Additional District Judge, No.1, Chittorgarh, Camp Kapasan in Civil Original Suit No.26/2014 (CIS No.815/2014) whereby the suit for eviction and arrears of rent as filed by the plaintiff has been decreed.

2. The suit for eviction was preferred by the respondent – plaintiff with an averment that the shop in question was rented out to defendant Ratan Lal on rent @ Rs.6,000/-per month. As he wanted to raise one more floor, he sought permission from the municipality for the same and therefore, wanted the premise to be vacated. Notice dated 04.10.2013 in terms of Section 106 of the Transfer of Property Act, 1882 (for short ‘the Act of 1882’) for termination of tenancy was served on the defendant which was received by him on 14.10.2013. Vide the said notice, the tenancy was terminated w.e.f. 31.10.2013. But even after the said termination, the tenant did not vacate the premise and hence the suit for eviction was filed. It was also averred that the tenant had las