J.P.CHHANGANI - (1.) THIS second appeal of plaintiffs is directed against the judgment and decree dated 03.04.2012 in appeal No.4/2011 passed by learned District Judge, Pali, whereby he dismissed the first appeal and upheld the judgment and decree of eviction dated 21.12.2010 passed by the learned Civil Judge (J.D.), Marwar Junction in Civil Original Suit No.31/2002 seeking injunction against defendant not to dispossess him except by due process of law, whereby the learned trial Court decreed the cross-suit or counter-claim filed by the defendant for eviction.
(2.) HAVING heard the learned Counsel and upon perusal of the impugned concurrent judgments of both the courts, this Court finds no substantial question of law to be arising in the matter as finding of courts below are findings of facts based on cogent and relevant evidence. Both the courts have found that the appellants-plaintiffs have no right, title or interest over the suit property, therefore, his injunction suit was rightly dismissed. The appellants- plaintiffs already have had a long legal battle but have lost in all such forums. The appeal of plaintiffs is thus, found to be devoid of merit and the same is accordingly dismissed. No order as to costs. The appellants shall hand over the peaceful & vacant possession of the suit premises to the defendant- respondents within a period of two months from today and shall also pay arrears of rent and mesne profit up to the date of handing over the vacant and peaceful possession of suit premises to the respondents - landlords. It is made clear that in case, the appellants-plaintiffs (tenants) do not hand over the peaceful and vacant possession within a period of two months from today as directed by this Court, then it will be open for the defendant-respondent landlord (plaintiff in counter-claim) to get the decree passed in their favour executed and to initiate contempt proceedings against the concerned parties in this Court. Copy of this order be sent to the trial court and opposite party forthwith.;