Dr. Vineet Kothari, J. - (1.) The present second appeal under Section 100 CPC has been filed by the defendant-appellant-tenant against the judgment and decree dated 20.01.2001 passed by the learned appellate court of Additional District Judge No. 1, Jodhpur in Civil Appeal Decree No. 9/98 - Tulsiram v. Mannalal, reversing the judgment and decree dated 24.01.1998 passed by the learned trial court of Additional Civil Judge (Junior Division) Judicial Magistrate No. 2, Jodhpur in Civil Original Suit No.401/95 - Mannalal v. Tulsiram , decreeing the suit for recovery of rent and eviction filed by the plaintiff-landlord, only to the extent of recovery of arrears of rent, however, refusing to grant of eviction decree, in respect of the suit property, a residential house in question situated at Chand Bawdi, Joshion Ki Gali, Jodhpur.
(2.) The relevant extract of the findings of the learned trial court in the order dated 24.01.1998 is quoted below for ready reference:- ...[VERNACULAR TEXT OMITTED]...
(3.) The relevant extract of the findings of the learned appellate court in the order dated 20.01.2001 is quoted below for ready reference:- ...[VERNACULAR TEXT OMITTED]...;