Dr. Vineet Kothari, J. - (1.) THIS second appeal filed by the defendants/tenants is arising out of the judgment and eviction decree dated 30.05.2015 by the learned Additional District Judge, Nathdwara in Civil First Appeal No. 27/2013 "Smt. Guni Bai & Ors. Vs. Gotu Lal & Ors." who dismissed the appeal filed by the defendants -tenants and affirmed the judgment and decree dated 19.09.2013 passed by the learned Civil Judge (Senior Division), Nathdwara in Civil Original Case No. 02/2004 "Gotu Lal S/o Nana Lal Vs. Smt. Guni Bai & Ors." by which, the learned Civil Judge (Senior Division) had decreed the suit filed by the plaintiff -landlord seeking eviction of the defendants -tenants from the suit shop situated at Mochi Bazar, Nathdwara, District Rajsamand by serving a notice dated 22.10.2003 terminating the tenancy with effect from 30.11.2003.
(2.) THE present second appeal has been filed by the defendants -tenants in this Court on 31.08.2015 aggrieved against the concurrent grant of eviction decree against them by the two Courts below. It is noticed that notices in this appeal have not been issued so far but the learned counsel Mr. Manish Shishodia puts in appearance on behalf of plaintiff in caveat. The learned Trial Court framed as many as ten issues arising out of the plaint and written statement of the parties; and after taking the evidence of the parties, the learned Trial Court had decreed the suit of plaintiff on 19.09.2013. The relevant portion of the findings and the final order made by the learned Trial Court while decreeing the suit of the plaintiff on 19.09.2013 is quoted herein below for ready reference: -
(3.) BEING aggrieved by the judgment and decree dated 19.09.2013 passed by the learned Trial Court allowing the suit of the plaintiff -landlord, the defendants -tenants filed the first appeal before the First Appellate Court of learned Additional District Judge, Nathdwara (Rajsamand) namely, Civil First Appeal No. 27/2013 which was also dismissed on 30.05.2015, while affirming the impugned judgment and decree dated 19.09.2013 of the learned Trial Court. The relevant portion of the findings recorded and the final order made by the learned Additional District Judge is quoted herein below for ready reference: - ;