Judgment

1. With the consent of learned counsel for both parties, the second appeal itself has been heard on merits.

2. This second appeal has been filed by appellant-defendant-tenant (hereafter referred 'tenant') against the judgment and decree dated 15.02.2005 passed by District Judge, Karouli whereby the appeal filed by the appellant was dismissed and upheld the judgment dated 29.03.2001 in suit No.35/1998 passed by Judicial Magistrate, Karauli whereby the suit of eviction was decree against the tenant.

3. The rented premise is a shop measuring 5 X 7 sq. feet situated at Phoota Kot, Mohalla Dholikhar, Karauli which is in tenancy of the appellant since 1964 at the rate of Rs.10/- per month. The dispute of eviction is pending since 1969. In the first eviction suit No.68/1969, the appellant-tenant was declared defaulter in payment of rent, however, he was granted benefit of first default. Thereafter, it appears that tenant committed second default for the period 1.02.1995 to 31.03.1998 and on such default, the second civil suit for eviction No.35/1998 was filed, which has been decreed by the trial court on the ground of second default vide judgment dated 29.03.2001. The judgment of tr