VIJAY KUMA SHUKLA, J.

1. This second appeal under section 100 of the Code of Civil Procedure, 1908 has been filed by defendant/appellant challenging the judgment and decree dated 27/07/2016 passed in civil appeal No. 54-A/2014 by the Additional Judge to the Court of 1st Additional District Judge, Harda arising out of the judgment and decree dated 29/04/2014 passed in civil suit No. 18- A/2013 by IInd Additional Judge to the Court of First Civil Judge Class-II, Harda whereby the decree for eviction, possession and arrears of rent has been passed against the appellant. The said judgment and decree has been affirmed by the appellate court by the impugned judgment and decree.

2. The facts, necessary for adjudication of the present appeal are that the respondent/plaintiff filed a civil suit for eviction, arrears of rent and damages against the defendant on the ground that he is the owner of the suit shop. He is presently doing business in the rented premises belonging to his uncle Yatindra Kumar. It is pleaded that the shop in his occupation is not suitable for the business besides that there is no other his shop and further the rented present room is required by his aunty for runn