- (1.) THE present second appeal has been filed by the plaintiff ­ appellant Bhagwana Ram s/o Rau Ram Jat aggrieved by the judgment and decree dated 27.07.1995 of the First Appellate Court of Civil Judge (Sr. Division) & Additional Chief Judicial Magistrate, Ratangarh, District Churu, allowing the defendants Trilok Chand s/o Thani Ram and Bhagwana Ram s/o Trilok Sharma's Appeal No.14/94 (38/92), reversing the findings on Issue No.4 of the learned trial court of Munsif and Judicial Magistrate, I Class, Ratangarh dated 10.05.1991, in the present injunction suit filed by the plaintiff ­ appellant Bhagwana Ram, namely Civil Suit No.8/86 ­ Bhagwana Ram vs. Trilok Chand and Bhanwar Lal.
(2.) THE learned Appellate Court held that the Municipal Board, Sri Doongargarh had issued a Patta (Ex.A-1/A) duly registered dated 12.09.1980 in favour of the defendant No.2 Bhanwar Lal s/o Trilok Chand, but the learned trial court has erred in holding that the defendants Trilok Chand and Bhanwar Lal have failed to establish the relationship of the landlord and tenant as claimed by them before the trial court and consequently the appeal of the owner / landlord Trilok Chand and Bhanwar Lal came to be allowed by the First Appellate Court on 27.07.1995. Being aggrieved by this, plaintiff Bhagwana Ram has filed the present Second Appeal under Section 100 CPC in this Court on 10.10.1995. The said owner of the suit property ­ a plot of land, Bhanwar Lal had also filed separately an eviction suit against the present plaintiff ­ tenant No.23/86, which came to be dismissed by the learned trial court on 25.01.1994 on the basis of the findings given by the learned trial court in the present injunction suit filed by Bhagwana Ram on Issue No.4, against which the said plaintiff, respondent here, Trilok Chand and Bhanwar Lal filed an appeal before the learned Additional District Judge, Ratangarh, which is stated to be still pending. The learned trial court of Munsif and Judicial Magistrate, I Class, Ratangarh, while dismissing the present suit, vide judgment and decree dated 10.05.1991, decided the issues Nos. 1, 2 and 3 against the plaintiff Bhagwana Ram, while deciding the issue No.4 against the defendant Trilok Chand and Bhanwar Lal, which issue No.4 was as to "whether the plaintiff Bhagwana Ram is a tenant of defendants since
(3.) 05.1985 on monthly rent of Rs.100/- per month and there is a relationship of landlord and tenant in the two parties or not ?" This issue was decided against the defendants Trilok Chand and Bhanwar Lal and consequently they filed an appeal before the First Appellate Court of Civil Judge (Sr. Division) & Additional Chief Judicial Magistrate, Ratangarh, district Churu in Appeal No.14/94 (38/92) ­ Trilok Chand and another vs. Bhagwana Ram, which came to be allowed by the impugned judgment dated 27.07.1995. 4. In the memo of present second appeal filed by the plaintiff, Bhagwana Ram, in para 4 of of the present appeal, he has stated that being aggrieved by the judgment and decree of the learned trial court dated 10.05.1991, he had also preferred an appeal before the same Court bearing No.23/1992 ­ Bhagwana Ram vs. Trilok Chand and another, which is stated to be still pending with the learned Additional District Judge, Ratangarh while the appeal filed by Trilok Chand and Bhanwar Lal No.14/94 (38/92) came to be decided on 27.07.1995.;