ORDER

1. Heard learned counsel for the parties.

2. This appeal has been filed against the judgment and order dated 17.01.2005 of the Division Bench of the High Court of Judicature at Rajasthan Bench at Jaipur whereby the learned Division Bench has set aside the order of the learned Single Judge dated 23.08.2001 and restored that of the Trial Court, i.e., the Addl. District Judge No. 5, Jaipur City, Jaipur dated 31.07.1993.

3. The respondent-plaintiff filed a suit for eviction against the appellants-defendants and for deposit of arrears of rent. The said suit was decreed by the Trial Court. In appeal the said decree was set aside by the learned Single Judge of the High Court, which order has been set aside by the learned Division Bench by the impugned order. Hence, this appeal by special leave.

4. The facts in brief are that the suit premises admittedly belonged to Sitaram Bhandar Trust (hereinafter for short ‘the Trust’) and the Trust is the owner of the suit premises. The respondent, claiming that it was authorized by the Trust to do so, alleged that it had let out the premises in dispute to appellant No.2 (defendant No. 1 in the suit) and was collecting rent from it. However, the