P.K.LOHRA, J. - (1.) Loosing successive legal battles before the Courts below to shuttle eviction proceeding of the disputed premises launched by the respondent/plaintiffs, appellants have enthusiastically continued their pursuit for justice before this Court by laying the instant appeal.
(2.) Appellants-defendants by this second appeal under section 100 of the Code of Civil Procedure, 1908 (for short, 'CPC') have assailed impugned judgment and decree dated 23rd of May 2018, passed by District Judge, Sri Ganganagar (for short, 'learned first Appellate Court') in Civil Appeal No.16/2012, whereby learned first Appellate Court has confirmed judgment and decree dated 30th of May, 2012 passed by Addl. Civil Judge, Sri Ganganagar (for short, 'learned trial Court').
(3.) Ritualistic facts of the case are that respondent-plaintiffs laid a suit for eviction and recovery of rent against appellant-defendants on the ground of default in payment of rent besides other grounds; viz., material alteration in the premises and denial of title, by invoking various clauses of sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, 'Act of 1950'). It is inter-alia averred in the plaint that the shop in question came to the share of respondent No.2 in family settlement and as such he became owner of the disputed rented shop. Plaintiffs have also averred that appellant-defendants while acknowledging second respondent as landlord started paying rent to him. With these positive assertions in the plaint, respondent-plaintiffs asserted landlord-tenant relationship between rival parties.;