Dr. Vineet Kothari, J. - (1.) The present second appeals, namely, CSA No. 27/1976 "LRs of Gehri Lal & Anr. v/s. Nathu Lal & Ors." and CSA No. 28/1997 "Magan Lal v/s. LRs of Nathu Lal & Ors." under Sec. 100 of the Code of Civil Procedure have been filed by the defendants -tenants, Gehri Lal and Magan Lal, being aggrieved by the judgment and eviction decree dated 01.02.1997 passed by the learned District Judge, Banswara in their respective appeals filed by the defendants -tenants, namely, Civil Appeal No. 30/1996 "LRs of Gehri Lal v/s. LRs of Nathu Lal & Ors." and Civil Appeal No. 31/1996 "Magan Lal v/s. LRs of Nathu Lal & Ors." by which, the learned First Appellate Court, while dismissing the aforesaid two appeals of the tenants, had affirmed the judgment and eviction decree dated 28.09.1996 passed by the learned additional Civil Judge (Senior Division), Banswara, District Banswara in the respective Civil Original Suit No. 34/1981 "LRs of Nathu Lal & Ors. v/s. Gehri Lal" and Civil Original Suit No. 33/1981 "LRs of Nathu Lal & Ors. v/s. LRs of Magan Lal" by which, the learned Trial Court had decreed the suit of the plaintiffs and directed eviction of the tenants -defendants from the shops in question on the ground of default in payment of rent and personal and bona fide need of the plaintiffs and their family members in respect of suit shops situated at Banswara City, as mentioned in para -8 in the plaint.
(2.) The first appeal under Sec. 96 of the Code of Civil Procedure, namely, S.B. Civil First Appeal No. 51/1996 "LRs of Gehri Lal v/s. LRs of Nathu Lal" has been filed by the tenant -Gehri Lal being aggrieved by the rejection of their interpleader suit filed under Order 35 of the Code of Civil Procedure, namely, Civil Original Suit No. 12/1994 "LRs of Gehri Lal v/s. LRs of Nathu Lal" against the judgment and decree dated 09.02.1996 passed by the learned District Judge, Banswara.
(3.) The learned Trial Court rejected the inter -pleader suit, namely, Civil Original Suit No. 12/1994 "LRs of Gehri Lal v/s. LRs of Nathu Lal", filed by the defendant -tenant -Gehri Lal by the impugned judgment and decree dated 09.02.1996 with the following findings recorded by it: - JUDGEMENT_114_LAWS(RAJ)12_2015.jpg JUDGEMENT_114_LAWS(RAJ)12_20151.jpg JUDGEMENT_114_LAWS(RAJ)12_20152.jpg ;