RAMDEV AND ORS. Vs. PUSHPA DEVI AND ORS.

JUDGEMENT

(1.) Having lost before the two Courts below concurrently, the present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellants -plaintiffs -landlord, in a suit for eviction, recovery of arrears of rent and for compensation for use and occupation in respect of the suit property in question, viz. a shop situated at K.E.M. Road, Bikaner, a main market area of Bikaner, against the judgment and decree dated 18.01.2002 passed by the learned Additional District Judge No. 2, Bikaner Appeal Decree No. 129/1996 "Ramdev & Ors. Vs. Smt. Amara Devi & Ors." by which, the learned First Appellate Court had dismissed the appeal of the plaintiffs and affirmed the impugned judgment and decree dated 04.12.1992 passed by the learned Additional Munsif & Judicial Magistrate, First Class, No. 1, Bikaner in Civil Original Suit No. 33/1985 "Ramdev & Ors. Vs. Smt. Amara Devi & Ors." by which, the learned Trial Court, while refusing the eviction decree, had only partly decreed the suit of the plaintiffs for payment of monthly rent of Rs. 100/ - per month for the suit shop in question.

(2.) After framing of the relevant issues arising out of the plaint and written statement and after recording of the evidence, the learned Trial Court had only partly decreed the suit (No. 33/1985) of the appellants -plaintiffs on 04.12.1992. The relevant portion of the findings and final order of the learned Trial Court is quoted below for ready reference: -

(3.) Being aggrieved by the judgment and decree dated 04.12.1992 of the learned Trial Court, the plaintiffs filed the first appeal before the First Appellate Court of learned Additional District Judge No. 2, Bikaner, Appeal Decree No. 129/1996 "Ramdev & Ors. Vs. Smt. Amara Devi & Ors." which was also dismissed on 18.01.2002 and impugned judgment and decree dated 04.12.1992 of the learned Trial Court was affirmed. The relevant portion of the findings and the final order of the learned First Appellate Court for affirming the impugned judgment and decree of the learned Trial Court is quoted herein below for ready reference: -