- (1.) This second appeal is arising out of the judgment and decree dated 27.04.1998 passed by the learned Additional District Judge, Nohar, District Hanumangarh in Civil Appeal No.3/1996 (7/1990, 26/1991) "Shubh Karan (deceased) through LRs Smt. Jatan Devi Baid & Anr. Vs. Babu Lal S/o Kundan Lal Agarwal" who allowed the appeal filed by the present respondents-plaintiff and directed the defendant-tenant to hand over the vacant possession of the suit property and set aside the judgment and decree dated 19.02.1990 passed by the learned Munsif and Judicial Magistrate First Class in Civil Original Suit No.46/1981 "Jai Chand Lal through Power of Attorney Shubh Karan & Ors. Vs. Babu Lal" by which, the learned Munsif had dismissed the suit filed by the respondentsplaintiffs- landlord seeking eviction of the appellant-defendant- Babu Lal from the suit shop situated at Bhadra, District Hanumangarh and recovery of arrears of rent.
(2.) The present second appeal has been filed by the defendant-appellant, who was the defendant-tenant before the learned Trial Court, against the decree of eviction granted by the First Appellate Court of Additional District Judge, Nohar, District Hanumangarh in favour of the plaintiffs-landlord on the ground of renouncement of tenancy and character of the relatioship in respect of the suit shop situated at Bhadra, District Hanumangarh which was initially let out to the defendant-tenant Babu Lal under the Rent Note Ex. 1 dated 25.07.1979 on a monthly rent of Rs.150/-.
(3.) The eviction suit number 46/1981 titled as Jai Chand Lal son of Udai Chand Baidh & Ors. through Power of Attorney Shubh Karan", his son has filed the present suit against the tenant-defendant Babu Lal which was dismissed by the learned Trial Court on 19.02.1990 finding that no case of subletting, parting with possession of the suit shop or non-user of the suit property was made out by the plaintiff.;