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Plaintiff Vipin Kumar Jain having partly succeeded in the courts below has filed the instant second appeal.

Plaintiff-appellant filed suit against defendant-respondent Surinder Singh for recovery of Rs.35,500/- alleging that the defendant was tenant in the disputed shop under the plaintiff at Rs.500/- per month rent, but did not pay rent since 01.07.2000 onwards till 02.06.2006, when the shop was got vacated in execution of ejectment order passed by the Rent Controller. Accordingly, rent amount of Rs.35,500/- for 71 months has been claimed in the suit.