Vineet Kothari, J. - (1.) Having lost before the two Courts below concurrently, the present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellants -defendants -tenants, in a suit for eviction in respect of the suit property in question, viz. a shop situated at Inside Kishanpole, Udaipur, against the judgment and decree dated 28.07.2000 passed by the learned Additional District Judge No. 3, Udaipur in Original Civil Appeal No. 126/1999 (5/1998) "Suresh & Anr. v/s. Shri Hanumanji Mandir Trust" by which, the learned First Appellate Court had dismissed the appeal of the defendants and affirmed the impugned judgment and eviction decree dated 06.12.1997 passed by the learned Civil Judge (Junior Division) & Judicial Magistrate City (South), Udaipur in Civil Original Suit No. 248/1997 "Hanuman Mandir Trust v/s. Suresh & Anr." by which, the learned Trial Court had decreed the eviction suit of the plaintiffs in respect of the trust property, as mentioned above.
(2.) After framing of the relevant issues arising out of the plaint and written statement and after recording of the evidence, the learned Trial Court had only decreed the suit (No.248/1997) of the plaintiffs on 06.12.1997. The relevant portion of the findings and final order of the learned Trial Court is quoted below for ready reference: - -
(3.) Being aggrieved by the judgment and decree dated 06.12.1997 of the learned Trial Court, the defendants -tenants filed the first appeal before the First Appellate Court of learned Additional District Judge No. 3, Udaipur, namely, Original Civil Appeal No. 126/1999 (5/1998) "Suresh & Anr. v/s. Shri Hanumanji Mandir Trust" which was also dismissed on 28.07.2000 and impugned judgment and decree dated 06.12.1997 of the learned Trial Court was affirmed. The relevant portion of the findings and the final order of the learned First Appellate Court for affirming the impugned judgment and decree of the learned Trial Court is quoted herein below for ready reference: - - ;