- (1.) The appellant/defendant/tenant, Dev Kishan S/o Uda Ram, has filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908, in this Court on 09.03.2015 aggrieved by the eviction decree granted by learned Additional District Judge No.1, Sri Ganganagar, vide judgment and eviction decree dated 08.12.2014 in the first appeal filed by the plaintiff/respondent No.1 being Civil Appeal No.36/1996, Nand Prakash v. Lajwanti & Anr., in respect of suit shop situated in Sri Gangangar, ad-measuring 11'' x 12'' reversing the judgment and decree dated 17.08.1995 passed by learned Addl. Civil Judge (Jr. Division) No.1, Sri Ganganagar, in Civil Original Suit No.176/1988, Nand Prakash v. Lajwanti & Anr., whereby the suit filed by the plaintiff/respondent for eviction under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, hereinafter referred to as 'Act of 1950'), was dismissed.
(2.) The learned trial court of Addl. Civil Judge (Jr. Division) & Judicial Magistrate, First Class No.1, Sri Gangangar, vide its judgment and decree 17.08.1995 after evaluating the evidence of the parties, proceeded to dismiss the suit filed by the plaintiff while giving following findings: 1640418-1 The learned trial court dismissed the suit filed by the plaintiff/respondent No.1 on 17.08.1995, however, upon an appeal filed by the plaintiff assailing the said order before the learned Additional District Judge No.1, Sri Gangangar, who vide order dated 12.08.1998 remanded the matter back to trial court while deleting the Issue Nos. 1 and 2 and in place of those issues, three issues were framed. The appellant/defendant filed a misc. appeal before this Court assailing the judgment dated 12.08.1998, being S.B. Civil Misc. Appeal No.574/1998-Smt. Lajwanti & Anr. v. Nand Prakash, which appeal was partly allowed and setting aside the judgment and decree dated 17.08.1995 directed the trial court to decide the aforesaid three issues and thereafter the appellate court was directed to decide the appeal. 3. Upon such remand made, the learned trial court vide its judgment and decree dated 30.05.2013 proceeded to decide the newly framed issues against the plaintiff/respondent and held as under: 1640418-3 Attornment implies continuity of tenancy, though landlord might change while title of the property passes by sale or otherwise . Mohd. Ilyas v. Mohd. Adil, 1994 AIR(Del) 212 Attornment refers to an acknowledge of the existence of the relationship of landlord and tenant. 1640418-4
(3.) Being aggrieved by the rejection of suit for eviction, the plaintiff/respondent filed first appeal. The first appeal filed by the plaintiff/respondent came to be allowed by the learned first appellate court vide judgment and decree dated 08.12.2014 giving the following findings while reversing the judgment and decree of the learned trial court with the following observations and findings: 1640418-5;