ANAND PATHAK, J.

1. The present appeal under Section 100 CPC is being preferred by the appellant against the judgment and decree dated 28/02/2004 passed by III Additional District Judge, Gwalior in Civil Appeal No. 16/2002 whereby the judgment and decree dated 30/05/2002 passed by V Civil Judge Class-I in Civil Suit No. 121-A/2000 has been reversed and suit preferred by the appellant/plaintiff has been dismissed. Precisely stated facts of the case for adjudication are that appellant/plaintiff has filed a suit for eviction against M/s. Pipariya Enterprises through its partners (respondent No. 1 herein). It is stated in the plaint that respondent No. 1-defendant is a tenant in the shop owned by the appellant/plaintiff @ Rs. 450 per month. It is also stated that defendant executed the rent note on 28/03/1986 on behalf of other parties as a power of attorney holder. As per the submissions, defendant failed to pay the rent from 01/04/1991 inspite of the written notice dated 18/10/1991 therefore, it is further stated that the suit shop is required for the business of General Merchant/Cosmetic and appellant/plaintiff is not having any other suitable and alternative shop for this