Vineet Kothari, J. - (1.) The appellants/defendants, who are the legal representatives of original tenant, Sh. Rameshwar Lal, have filed the present second appeal under Sec. 100 of CPC, 1908, having concurrently lost the legal battle before the courts below, assailing the judgment and decree dated 10.12.1999 passed by learned Additional District Judge No. 2, Ajmer, in Civil Regular Appeal No. 47/1980 - Rameshwar Lal (D) through LR's v/s. Radheyshyam & Ors., whereby the learned first appellate court has dismissed the appeal filed by the appellant/defendants while affirming the judgment and eviction decree dated 04.09.1980 passed by learned Munsif (East), Ajmer, in Civil Original Suit No. 364/1976 - Radheyshyam v/s. Rameshwarlal, whereby the suit filed by the original plaintiff, Sh. Radheyshyam, for eviction of the original defendant/tenant, Rameshwarlal, who is now represented by his legal representatives, from the suit shop, situated at Naya Bazar, Ward No. 13, Ajmer, was decreed.
(2.) The original plaintiff/landlord, late Sh. Radheyshyam, filed suit for eviction on 21.10.1976 on ground of second default in payment of rent. Although, earlier suit filed by the plaintiff was dismissed while giving benefit to the tenant of first default in payment of rent.
(3.) The relevant findings on various issues recorded by the learned trial court in its judgment dated 04.09.1980 are quoted herein below for ready reference: - - ;