- (1.) These three second appeals are being disposed of by this common order as the suit property is common and the cause of action arising to the parties is also common. SECOND APPEAL No.86/2012:
(2.) The facts in a nutshell are that the present suit for eviction & recovery of rent was filed by the plaintiff - Manmal, Kanmal and Surendra Mal all sons of Chandmal in respect of a suit property, a 'Bara' [ plot of land measuring 63ft. X 63ft.(31.5x31.5 Gaj) ] situated at Jaitaran, opposite Jodhpur-Jaipur Highway, in front of the court premises at Jaitaran. The lease was granted by Chandmal, father of the present plaintiffs in favour of defendant Rampal s/o Bhanwarlal in the year 1970. The said Chandmal expired on 31.12.1982 and the present suit was filed on 19.9.2005 after terminating the lease in favour of defendant by serving a notice under Section 106 of the Transfer of Property Act, 1982 on 24.9.2004, which was served on the defendant on 28.9.2004, since he failed to pay the rent in respect of the plot of land in question, which was given at the rate of Rs.30/- p.m. under the last rent note executed on 14.4.1983 by the defendant in favour of the plaintiffs. The said civil suit no. 39/2005 (11/2007) Manmal & ors vs. Rampal s/o Bhanwarlal came to be decreed by the learned trial court on 12/9/2008 returning the following findings in favour of the plaintiffs on all the issues, which are quoted below for ready reference:- 1637742-2
(3.) The first appeal filed by the defendant-lessee No.19/2008 Rampal vs. Manmal & Ors. also came to be dismissed by the first appellate court of Addl. District Judge (Fast Track) No.1, Pali on 3/3/2012 affirming the findings of the learned trial court in the following manner:- 1637742-3;