Vineet Kothari, J. - (1.) THE present second appeal has been filed by the appellant/defendant/tenant, Firm Delux Guest House, Bikaner aggrieved by the judgment and eviction decree dated 28.11.2008 passed by learned Additional District Judge No. 4, Bikaner, dismissing defendant's Appeal No. 17/1998 -Firm Delux Rest House Vs. Prem Kumar & Anr., and upholding the eviction decree granted by the learned Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Bikaner, vide judgment dated 09.02.1998 under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for brevity, hereinafter referred to as 'Act of 1950') decreeing plaintiff's Suit No. 136/1988 -Prem Kumar Vs. Firm Delux Rest House & Anr., which was filed with respect to suit premises, which was let out to the defendant/tenant owner of Delux Rest House for residential purpose under oral tenancy created in the year 1988, however, the defendant in turn has sublet the same to the second respondent, Mr. Suresh Kumar Sharma, an Advocate, who established his office in the suit premises.
(2.) THE relevant findings of the first appellate court in the order dated 28.11.2008 are quoted herein below for ready reference: - The learned trial court had decreed the suit of the plaintiff/respondent and granted the eviction decree vide the judgment and decree dated 09.02.1998. The operative and relevant portion of the judgment and decree dated 09.02.1998 of the trial court is quoted herein below: -
(3.) THE present second appeal was admitted by this Court on 06.08.2012 and the following substantial questions of law were framed for consideration: 1. Whether eviction decree could be passed by the courts below on the ground of subletting in favour of defendant No. 2 Suresh Kumar Sharma, Advocate, one of the rooms in the premises comprising of 38 rooms which was given to the appellant tenant firm M/s. Delux Rest House, Station Road, Bikaner, and the very business of appellant firm was to give on rent the rooms in the said guest house and whether the period of occupation of defendant No. 2 in one of the rooms of these premises in consonance with the nature of business of the appellant can still furnish to the landlord a ground of subletting for eviction of the appellant -tenant from that very room of the Guest House? 2. Whether there was any second default on the part of the appellant -tenant in payment of rent to the plaintiff and whether the eviction decree was liable to be passed on that ground?;