JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) has assailed the judgment and decree passed by the learned First Additional District Judge, Berhampur in RFA No.4 of 2010. By the same, the Appeal filed by the present Appellant (Defendant) under section 96 of the Code has been dismissed whereby the judgment and decree passed by the learned Civil Judge (Sr. Division), Berhampur in Civil Suit No.276 of 2003 filed by the Respondent as the Plaintiff in decreeing the suit directing the Appellant (Defendant) to give vacant possession of the suit premises to the Respondent (Plaintiff) and pay arrear rent @ Rs.1000/- per month with effect from 01.07.2001 till 28.02.2003 and damage @ Rs.2000/- per month with effect from 01.05.2003 till vacation have been confirmed.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

3. Plaintiff’s case is that he is the owner of the two shop rooms situated within the premises of his bungalow standing on the main road of Berhampur town. It is stated th