(1.) The aforesaid two connected appeals being SBCSA No.381/2005 Banshi Lal V/s Sohan Lal and ors. and SBCFA No.307/2010 Banshi Lal V/s Sohan Lal and ors. are being disposed of by the common order and judgment since parties are common and the suit premises are also common.
(2.) The aforesaid second appeal of the appellant plaintiff is directed against the judgment dtd.21.3.2005 passed by the learned Additional Dist. Judge No.2, Jodhpur in Civil Appeal No.24/2004 whereby the learned Additional Dist Judge allowed the appeal filed by the respondents defendants Sohan Lal and Gauri Shankar and set aside the judgment and decree dtd.27.10.2004 of learned trial Court passed by the learned Additional Civil Judge (J.D.) No.1, Jodhpur in Civil Original Suit No.7/2002 whereby the suit filed by the appellant plaintiff Banshi Lal for permanent injunction was partly allowed.
(3.) The aforesaid first appeal of the appellant defendant Banshi Lal is directed against the judgment and decree dtd.3.8.2010 passed by the learned Additional District Judge No.3, Jodhpur in civil original Suit No.146/2007 Sohan Lal and anr. V/s Banshi Lal whereby the suit filed by the plaintiffs Sohan Lal and Gauri Shankar, his son for permanent and mandatory injunction and eviction and mesne profit was decreed by the learned trial Court below, which according to them was due process of law for evicting their licensee Banshi Lal, upon termination of licence.