Vineet Kothari, J. - (1.) The present second appeal under Sec. 100 CPC has been filed by the plaintiff -appellant -landlord against the judgment and decree dated 03.03.2001 passed by the learned appellate court of Additional District Judge No. 2, Bikaner in Appeal Decree No. 33/99 - LRs. of Gomadram & Ors. v/s. LRs. of Gangadutt, affirming the judgment and decree dated 22.01.1985 passed by the learned trial court of Munsif & Judicial Magistrate, First Class, Nokha (Bikaner) in Civil Original Suit No. 50/80 - Shri Gomadram & Ors. v/s. Gangadutt, dismissing the suit for eviction filed by the plaintiff -appellant -landlord in respect of the suit shop in question situated at Nokha, Bikaner.
(2.) The present eviction Suit No. 50/80 - Shri Gomadram & Ors. v/s. Gangadutt about the suit shop in question situated at Nokha, is the second round of litigation between the landlord and tenant. The present suit was filed on the ground of second default committed by the defendant -tenant in payment of rent. The first round of litigation initiated by the Civil Suit No. 2/74 - Gomad Ram v/s. Ganga Dutt upon two rounds of remand is still subject matter of S.B. Civil Misc. Appeal No. 679/2001 - Shri Prakash Ranga v/s. LRs. of Gomad Ram, which is still pending in this Court is also being disposed of by this judgment.
(3.) The present second suit (Civil Original Suit No. 50/80 - Shri Gomadram & Ors. v/s. Gangadutt), filed on the ground of second default committed by the defendant -tenant, came to be rejected by both the courts below with the following findings: - - "(i) Relevant findings of the learned trial court of Munsif & Judicial Magistrate, First Class, Nokha (Bikaner) in the order dated 22.01.1985 passed in Civil Original Suit No. 50/80 - Shri Gomad Ram & Ors. v/s. Gangadutt: - - JUDGEMENT_26_LAWS(RAJ)1_2016.htm (ii) Relevant findings of the learned appellate court of Additional District Judge No. 2, Bikaner in the order dated 0 3. 0 3.2001 passed in Appeal Decree No. 33/99 - LRs. of Gomad Ram & Ors. v/s. LRs. of Ganga Dutt: - - JUDGEMENT_26_LAWS(RAJ)1_20161.htm;