Prakash Tatia, J.-This appeal by the defendant tenant, is against the Judgment and decree passed by the first appellate Court dated 07.08.2002 by which the first appellate Court reversed the Judgment and decree of the trial Court dated 05.05.1998.

2. Brief facts of the case are that appellant-defendants ancestor Bashesar Lal was tenant in the suit shop. The tenancy was annual. The plaintiff-Jaichand Lal-landlord filed the suit for eviction of said tenant Bashesar Lal on various grounds, like default in payment rent, sub-letting, material alteration and causing damages to the property by the tenant. Original tenant Bashesar Lal died on 010.1986, therefore, said Bashesar Lals heirs were impleaded as party defendants in the suit. After trial, the suit of the plaintiff was dismissed by the trial Court by Judgment and decree dated 05.05.1998, against which regular first appeal was preferred by the plaintiff-landlord. The first appellate Court decreed the suit of the plaintiff on the ground of sub-letting and material alteration. Hence this second appeal. Before this, the matter came up before this Court in second appeal, the plaintiff and Defendant Nos. 3

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