Vineet Kothari, J. - (1.) BOTH these second appeals of the appellant/defendant/tenant, Sushila Devi, are disposed of by this common judgment.
(2.) THE appellant/defendant, Sushila Devi W/o Sh. Chand Ratan Joshi, has preferred this second appeal assailing the eviction decree granted in favour of respondents/plaintiffs, LR's of Smt. Kunni W/o late Sh. Sanwar Ram Modi, by both the courts below under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act of 1950). The learned trial court i.e. Additional Civil Judge (Jr. Division) No. 2, Bikaner, decreed the Civil Suit No. 16/2001 - Mst. Kunni & Ors. Vs. Sushila Devi & Ors. vide judgment and decree dated 24.12.2011, filed by the respondents/plaintiffs, Smt. Kunni and orders, for eviction of the defendant, Sushila Devi, on the ground of default in payment of rent and so also on the ground of non -user of the suit premises, a shop situated at Teliwada, Bikaner. The finding on Issue No. 2 regarding default was in favour of defendant and against the plaintiff but the finding on Issue No. 5 regarding non -user of the suit shop was given in favour of plaintiff by the learned trial court. The findings on Issue No. 2 regarding default in payment of rent and Issue No. 5 regarding non -user of suit shop are quoted herein below for ready reference: - Finding on Issue No. 2: (Default in payment of rent) Finding on Issue No. 5: - (Non -user of suit property)
(3.) THE first appeal of the appellant/defendant and cross appeal of the plaintiff on the ground of default in payment of rent both came to be decided by the learned first appellate court of Additional District Judge No. 2, Bikaner, on 17.09.2014 and the findings given by learned trial court on Issue No. 2 were reversed and the findings arrived at by learned lower appellate court on the Issue No. 2 regarding default in payment of rent reads as under: - ;