Hon ble DR. KOTHARI, J.—This second appeal has been filed by defendant-tenant under Section 100 CPC being aggrieved by the judgment and decree of eviction passed by the first appellate court on 4/7/2008 while allowing the appeal no.79/2005 of plaintiff landlord as the learned trial court had dismissed the suit filed by plaintiff landlord seeking eviction on 4/2/2005.

2. The plaintiff respondent sought the eviction of the suit shop on the ground of default in payment of rent as well as personal bonafide need of the plaintiff for his son - Mohd. Sharif for carrying on his business of sale of cattle feed as the market has shops of such nature and defendant himself was carrying on the business of cattle feed.

3. The learned trial court dismissed the suit of plaintiff-landlord on the ground that there was no default in payment of rent as the tenancy was on year to year basis vide Ex.A-1 to A-4 rent receipts produced by the defendant tenant which established the payment of rent on annual basis to the plaintiff and, therefore, the default of six months as required under Section 13(1)(a) of the Act of 1950 was not established. Regarding personal bonafide necessity, the learned trial court fo

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