S.N.Hussain, J.

1. Heard learned counsel for the appellants and learned counsel for the respondents.

2. This second appeal was admitted on 31.3.2009 on the basis of four substantial questions of law formulated and mentioned in the said order. Considering the expediency of the matter, this second appeal, which had arisen out of an eviction suit, was listed for final hearing within top five cases on 4.5.2009, whereafter it was heard on 11.1.2010.

3. At the time of arguments, learned counsel for the appellants raised the first substantial question of law framed by this Court on 31.3.2009 as his preliminary issue for deciding the second appeal. The said substantial question of law framed was as follows:-

"Whether the judgment and decree of the learned court of appeal below is vitiated due to complete non-application of mind and is mere reproduction of the judgment of the trial court?"

4. Learned counsel for the appellants submitted that Title Suit No. 90 of 1979 was filed by the plaintiffs-respondents for eviction of the defendants-appellants from the suit room situated in Jairampur Marwari Lane, Bhagalpur on the ground of default and for arrears of rent. The said claim of the