JUDGMENT :

Vishal Mishra, J.

1. With consent of the parties the matter is heard on admission.

2. The present appeal under Section 100 of CPC has been preferred by the appellant against the judgment and decree dated 30.06.2014 passed by the III Additional District Judge, Gwalior in Civil Appeal No. 10-A/2014 confirming the judgment and decree dated 28.09.2012 passed by Vth Civil Judge, Class-I, Gwalior in Civil Suit No. 44-A-A/2011.

3. It is alleged by learned counsel for the appellant that the plaintiff-respondent-landlord has filed a civil suit for eviction with respect to the premises i.e. non residential accommodation situated in Ganj Morar, Gwalior. It is alleged that the plaintiff is a owner of the property in question and the aforesaid property has been given on rent @ Rs. 800/- per month to the defendant/tenant. It is submitted that the defendant-appellant is in habit of not paying the rent on regular basis and he has created a subtenancy in the premises in question and has given the shop in question to one Atish Kumar Jain who is carrying out the business of grains in the aforesaid shop in question. Therefore, the eviction civil suit was filed for on two grounds non-payment of