Kailash Chandra Joshi, J. - (1.) The instant first appeal has been filed by the appellants against the judgment and decree dated 19.01.2011 passed by the learned District Judge, Sojat, District Pali, in civil original suit No.03/2007.
(2.) With the consent of learned counsel for the parties the appeal has been heard finally,while hearing on stay application.
(3.) The brief facts giving rise to this appeal are that respondents filed a suit for eviction and arrears of rent and mesne profit against Mishri Lal appellant No.1. Appellant raised the objection that initially the shop was let out to Smt.Kana Devi and the legal representatives of Smt. Kana Devi have not been made party . In this regard issue No.9 has been framed. It was averred in the plaint that in Sojat City, Kushalwadi Trust is having a property and shops were let out to Smt.Kana Devi on 01.08.1976 and the rent and house tax has been deposited in the account of Trust. It was alleged in the plaint that defendant appellant No.1 Mishri Lal has deposited rent upto March 2006. The plaintiff demanded the mesne profit at the rate of Rs. 3,000/- per shop per month. It was averred that the disputed shops have not been handed over to the plaintiffs and the plaintiff respondents gave notice for termination of tenancy and prayed for eviction of the defendants.;