1. This appeal under Section 96 CPC is directed against judgment and decree dated 19.03.2004 passed by Additional District Judge (Fast Track) No.2, Bhilwara, whereby, the suit filed by the plaintiff-respondent for eviction, arrears of rent and damages has been decreed.

2. The facts in brief may be noticed thus : the plaintiff Bhanwar Lal filed a suit with the averments that a shop and a room situated at Bazar No. 3, Bhopalganj, Bhilwara was let out to Hari Singh husband of defendant No. 1 and father of defendant Nos. 2 to 5; Hari Singh died; the defendants were in possession of the suit premises in their capacity as tenants; the rent of the shop and room was Rs. 600/- and Rs. 1200/- per month respectively; the shop was let out about 15 years back and the room was let out about 12 years back; the tenancy was oral; the rent of the premises was never tendered/paid in time and a sum of Rs. 54,600/- was outstanding towards rent of the shop as well as the room for different periods and defendants have committed several defaults; the defendants started to materially alter the suit premises and when despite request they did not desist, the plaintiff had to file a suit for pe