( 1. ) BEING aggrieved by the judgment and decree dated 21st April, 2005 passed by the 11th Additional District Judge, Bhopal in Civil Suit No. 25-A/2002 decreeing the suit in part only for arrears of rent, the plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure seeking decree of eviction and arrears @ 10% increase after every two year.

( 2. ) PLAINTIFFS case in brief is that plaintiff-appellant M/s Agrawal Medical Agencies is a registered partnership firm, wherein Ashish Agrawal, Ramesh Agrawal, Shyamlal Ji Agrawal and Smt. Indira Bai Agrawal are the partners. The defendant is the tenant of M/s Agrawal Medical Agencies of the Shop No..27, Jumerati, Bhopal according to the lease deed executed on 12-4-1993 at the rate ofRs. 2500/- per month. As per the terms of lease deed after every consecutive two years rent may be enhanced @ 10%. It is further said that w.e.f. 1-4-1999 rent at the rate of Rs. 3327/- is due against defendant which has not been paid upto 31-8-2000, total thereof comes to Rs. 26567.50. Even after notice of demand, rent was not paid, however Rs .19137/- fell further due till the date of filing the suit. Thus, decree of eviction an