Vineet Kothari, J. - (1.) The present Execution Second Appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellant -decree -holder -Pushkarna Brahmin Bhimji Ka Mohalla Vikas Samiti against the judgment and decree dated 28.08.1993 passed by the learned Additional District Judge No. 1, Jodhpur in Civil Appeal Decree No. 46/1993 "Jabar Mal S/o. Jaidev Purohit Potedar v/s. Damodardas S/o. Hansraj & Ors." by which, the appeal of the decree -holder, filed against the judgment and decree dated 09.12.1978 "Jabar Mal (Decree -holder) v/s. Damodardas, Udai Kishan (judgment -debtor)" in which, the application filed by the decree -holder Jabar Mal under Order 21 Rule 97 CPC on raising of objections by the objectors, the application has also been dismissed.
(2.) The plaintiff -decree -holder -Pushkarna Brahmin Bhimji Ka Mohalla Vikas Samiti through its President Jeth Mal Vyas S/o. Mohan Lal Vyas has filed the present second appeal in this Court on 03.01.1994 aggrieved by the refusal of the two Courts below to execute the decree for eviction under Rent Control Act, 1950 of the respondents -objectors from the suit property, a residential house, situated in Bhimji Ka Mohalla, Jodhpur which was owned by the plaintiff -Trust.
(3.) The reasons assigned by the two Courts for refusing to execute the decree on the basis of the objections of the objectors, who are son and brother of the judgment -debtor, namely, Moolraj, being son of Damodardas and Asharam, also being son of the Damodardas. The reasons assigned by the learned Trial Court of Munsif & Judicial Magistrate, First Class, Jodhpur City, Jodhpur in the impugned order dated 09.12.1978 are quoted herein below for ready reference: - - ;