- (1.) This second appeal has been filed by the respondents-defendants against the the judgment and decree dated 7/02/1996 passed by Additional District Judge, Karauli (hereinafter referred to as 'the learned appellate Court') in civil appeal No. 65/92 whereby, the learned appellate Court has confirmed the Judgment and decree dated 15/07/1991 passed by the Munsif and Judicial Magistrate, Karauli(hereinafter referred to as 'the learned trial Court') in civil suit No. 175/80.
(2.) The brief facts giving rise to this appeal are that the plaintiff-respondent filed a suit against the husband of appellant No.1 and father of appellants No.2 to 7, who was the tenant of the respondents. In the suit it is stated that the disputed property is a Waqf property belonging to Maszid Panch Visaytiyan situated outside Hindaun Gate in town Karauli. The original defendant was tenant @ 15 per month in the disputed shop and tenancy was monthly. It is alleged that the original defendant has sub-let the disputed shop to performa respondent. The defendant has not paid rent from April, 1980, therefore, he is a defaulter. The respondent has determined the tenancy of the original defendant since 31/07/1980 through registered notice dated 23/06/1980. Therefore, since 01/08/1980, the possession of the appellants is un-authorised.
(3.) The defendant resisted the suit by filing the written statement wherein, he denied the allegations with regard to default in payment of rent or subletting. On the basis of the pleadings of the parties, learned trial court framed the following three issues:- "1. Whether, defendant No.1 without the permission of the plaintiff has sub-let the disputed shop to defendant No.2 ? 2. Whether, defendant No.1 is defaulter? 3. Relief";