(1.) The instant Civil Second Appeal under Section 100 of the Code of Civil Procedure has been filed by the original tenant-defendant (Asha Ram Sindhi) who died during the pendency of this appeal and his legal representatives have been brought on record, who are presently appellants in this appeal. This appeal has been filed against the impugned judgment and decree dated 08.05.1992 passed by the learned Additional District Judge No.5, Jaipur City, Jaipur in Civil Regular Appeal No. 15/1984, whereby the learned appellate Court allowed the appeal filed by the plaintiff-landlord and reversed the judgment and decree passed by the learned Additional Civil Judge No. 3, Jaipur City, Jaipur in Civil suit No. 14/80 (1/82).
(2.) Briefly stated, the facts giving rise to the present appeal are that plaintiff-respondent had filed a civil suit for eviction and arrears of rent against the deceased defendant-tenant on grounds of default in payment of rent and subletting/parting with possession of the suit shops. It is pleaded in the plaint with regard to ground of subletting. <JUDIMG>1640126-2</JUDIMG>
(3.) The deceased defendant-tenant in the written statement denied the allegations regarding subletting by making the following averments:- <JUDIMG>1640126-3</JUDIMG>
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