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 dated 16.08.2017 and 29.08.2017 respectively passed by the learned 1st Additional District Judge, Khurda in R.F.A. No.23 of 2016.

By the same, the Appeal filed by the present Appellant being the aggrieved Defendant, under section 96 of the Code, has been dismissed and thereby the judgment and decree dated 04.03.2016 and 18.03.2016 respectively passed by the learned Civil Judge, Junior Division, Banpur in Civil Suit No.20 of 2013 have been confirmed.

The Respondent, as the Plaintiff, has filed the Suit for eviction of the Appellant (Defendant) from the suit shop and premises for realization of rent etc and that being decreed, the Appellant (Defendant) has been directed to give vacant delivery of possession of the suit shop and premises and pay the arrear rent with interest @ 6% per annum till 30.04.2013 and damage @ Rs.100/-per day with effect from 01.05.2013 till vacation.

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