SHANKER LAL Vs. BHANWAR SINGH

JUDGEMENT

(1.) The appellant/plaintiff/landlord, Shankerlal (now deceased through his legal representatives), has filed this second appeal under Sec. 100 of Code of Civil Procedure, 1908, in this Court on 03.05.1997 aggrieved by the reversal of eviction decree by the first appellate court of Additional District Judge, Sojat, District Pali, vide its judgment and decree dated 14.03.1997.

(2.) The tenancy was terminated by the plaintiff/landlord by issuing notice dated 18.12.1976 under Sec. 106 of the T.P. Act and the present eviction suit was filed on the basis of three rent notes executed by the defendant and his father on 01.01.1972 (Ex. 6), 04.06.1974 (Ex. 1) and 13.05.1976 (Ex. 2).

(3.) The learned trial court vide the judgment and decree dated 04.12.1982 decreed the suit of eviction with the following findings: - -