2920 sq.ft. on 11.09.1970 from Ram Chand Karnani for a period of 50 years. The firm later on rented out the shop to appellant on 01.12.1994. As the appellant failed to pay rent from 01.09.1999, respondent earlier filed a suit, bearing No.66/2003, before the Court at Bikaner and in that suit, parties entered into compromise. It was agreed that appellant will pay rent of Rs.600 per month till 31.03.2006 and thereafter rent will be increased from 01.04.2006 @ 5% per annum. The said suit was decreed on 14.07.2006. Despite the said compromise, appellant paid rent only uptil 31.03.2006 and thereafter did not pay the rent as such was defaulter and thus the respondent became entitled to get the appellant evicted and vacant possession of the suit property. The plaintiff along with the plaint also filed a temporary injunction application. It is stated in the plaint that a notice under Section 106 of the Transfer of Property Act was served upon the appellant but he failed to reply the same within the prescribed time limit, as such appellant is unauthorized occupant in the suit property. With these averments, the respondent prayed to decree the suit in his favour.
