Vineet Kothari, J. - (1.) THIS second appeal filed by the plaintiff -landlord is arising out of the judgment and decree dated 17.12.2005 by the learned District Judge, Pali in Civil First Appeal No. 91/2005 "Leela Ram Vs. LRs of Govind Ram" who allowed the appeal filed by the appellant -defendant -tenant and reversed the judgment and eviction decree dated 20.09.2005 passed by the learned Civil Judge (Junior Division), Marwar Junction, Pali in Civil Original Suit No. 16/1998 "LRs of Govind Ram Vs. Leela Ram" by which, the learned Civil Judge (Junior Division) had decreed the suit filed by the plaintiffs -LRs of Govind Ram seeking eviction of the defendant -tenant and for recovery of rent due in relation to the dispute of suit shop situated near Dak Bungalow, Bus Stand, Marwar Junction.
(2.) THE present second appeal has been filed by the appellants -plaintiff -landlord, who are the legal representatives of the Govind Ram Sindhi before the learned Trial Court below, against the reversal of the findings of the learned Trial Court by the learned First Appellate Court. The tenancy was created in favour of the defendant -tenant Leela Ram S/o Lekhumal Sindhi on 20.02.1996 on the monthly rent of Rs. 200/ - per month in respect of the suit shop No. 2, Near Dak Bungalow, Bus Stand, Marwar Junction. The tenancy of the suit shop was terminated by the landlord -plaintiffs by serving a notice dated 23.12.1997 under Section 106 of the Transfer of Property Act and thereafter, the present suit was filed in the Trial Court on 23.03.1998 namely, Suit No. 16/1998 "LRs of Govind Ram S/o Chhangan Mal Sindhi Vs. Leela Ram S/o Lekhu Mal Sindhi". The suit was decreed by the learned Trial Court on 20.09.2005 with the following findings returned in favour of the plaintiffs -landlord: -
(3.) THE first appeal (No. Civil Appeal Decree No. 91/2005) filed by the defendant -tenant -lessee, however, came to be allowed by the learned First Appellate Court on 17.12.2005 with the following findings returned in favour of the defendant -tenant -lessee: - ;