Dr. Vineet Kothari, J. - (1.) THIS second appeal is arising out of the judgment and decree dated 07.04.1999 passed by the learned Additional District Judge, Gulabpura, District Bhilwara in Civil Appeal No. 09/1998 "Sampat Lal & Anr. Vs. Smt. Kamla Devi" who dismissed the appeal filed by the present appellants -defendants -tenants and affirmed the judgment and decree dated 18.03.1989 passed by the learned Munsif, Gulabpura in Civil Suit No. 11/1975 "Smt. Kamla Devi Vs. Sampat Lal & Anr. by which, the learned Munsif had decreed the suit filed by the respondent -plaintiff -landlord seeking eviction of the appellants -defendants from the suit shop and for recovery of arrears of rent.
(2.) THE present second appeal has been filed by the appellants, who was the defendants -tenants before the learned Trial Court, against the concurrent decree of eviction granted by the Courts below in favour of the plaintiff -landlord. The brief fact of the case are as follows: That the plaintiff -landlord filed the suit (No. 11/1975) aforesaid on 14.01.1975 against the defendant -tenant with the averments that the defendants -tenants had taken the suit shop situated in the 'Nohra' owned by the plaintiff at the monthly rent of Rs. 40/ - on Asoj sud 1 Samvat Year 2030 and as per oral condition, the rent was to be paid monthly but the defendants failed to pay the rent and various other averments were made in the plaint and, therefore, by serving a notice dated 23.12.1974, the plaintiff had terminated the tenancy of the defendants -tenants w.e.f. 12.01.1975. The plaintiff alleged that the said notice was served on the defendants on 26.12.1974. The plaintiff also averred that despite termination of tenancy, the defendants did not vacated the suit shop and, therefore, it was prayed before the learned Trial Court that the arrears of rent with interest and possession of the shop may be given to the plaintiff.
(3.) BY filing a reply to the suit aforesaid, the defendants denied the relationship of landlord -tenant with the plaintiff and also raised various objections but admitted the fact of receiving the notice terminating his tenancy.;