The defendant-appellant has preferred this appeal against judgment and decree dated 17.7.92 passed by Second Addl. District Judge Khargone, in Civil Regular Appeal No. 8-A/91 affirming the judgment and decree dated 20.8.91 passed by Civil Judge Class I Bhikangaon in C.S. No. 71A/88 whereby the suit of the plaintiff-respondent for eviction and arrears of rent and mesne profits was decreed.

The case of the plaintiff-respondent is that the suit-premises was given on rent to the defendant-appellant on 19.4.78 at monthly rent of Rs. 10/-, the document in support of which was executed by the defendant. According to the plaintiff, the defendant did not pay rent at the rate of Rs. 10/- per month and is due since 29.11.78. It is the case of the plaintiff that on 24.5.86 a legal notice was given to the defendant for payment of arrears of rent as also for eviction of the suit premises. The tenancy was terminated by the said notice with effect from 29.6.86.

Case of the defendant is that he is not the tenant of the plaintiff and he has not executed any deed of tenancy in favour of the plaintiff and as such, the plaintiff is neither entitled for arrears of rent nor for eviction. His fur