(1.) THIS second appeal has been filed by the defendant tenant against the concurrent eviction decree passed by the two courts below under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The present appellants are legal heirs of original tenant -Mahendra Rai Baxi namely; Vyomesh Chandra Baxi, his son and Smt. Dropadi Devi, his wife. The plaintiff landlord is Smt. Laxmi Devi Pungaliya. Inter alia the ground of eviction was also subletting of suit premises, a shop situated at Jalori Gate, Jodhpur to respondent No. 2 - Shri Prakash son of Shri Ishwar, partner of M/s. Apex Dry Cleaners.
(2.) AT the time of admission of present second appeal, the following three substantial questions were framed by this Court:
(3.) IT is also pertinent to mention here that original tenant Mahendra Rai Baxi expired during the pendency of the suit on 12/5/1991, while the present suit for eviction was filed by the plaintiff on 19/3/1987.