JUDGMENT

This second appeal, under Section 100 of CPC, has been filed against the judgment and decree dated 28.11.2013 passed by X Additional District Judge, Gwalior in RCA No. 44A of 2013, as well as, judgment and decree dated 30.07.2012 passed by XI Civil Judge Class I, Gwalior in Civil Suit No. 30A/2012.

2. This appeal has been filed by the plaintiffs, who have lost their case from both the Courts below.

3. Original plaintiff Shahid alias Pappu and defendant are related to each other. Shahid is the brother-in-law and defendant is the husband of Shahid’s sister. The suit property was earlier owned by Munna Khan, son of Kalli Khan. Original plaintiff filed a suit for eviction as well as for recovery of rent on the ground that the defendant was inducted as a tenant of House No. 1475/3 situated at Gende Wali Sadak, Lashkar, Gwalior on a monthly rent of ₹1000/-, and since June 2006, he has not paid the rent. A notice dated 10.08.2007 was issued for demand of arrears of rent as well as for vacating the suit premises, but the defendant not only failed to pay the rent but also started claiming himself to be the owner of the property. The suit premises was also required bonafidely by the pl