1. - This is appeal by defendant, proprietors of firm Gopi Kishan Salagram (Gopi Kishan Salagram, Tara Chand and Tikan Chand) against the judgment and decree dated October 3, 1967, passed by the learned District Judge, Jodhpur, by which he set aside the judgment and decree of the learned Civil Judge, Jodhpur, dated September 11, 1964. The learned District Judge has decreed the suit of the plaintiff-respondent No. 1 for permanent injunction restraining the Municipal Council, Jodhpur (defendant No. 1) and the defendant-appellants from evicting the plaintiff from the land (Chowkari) in dispute. Defendant No. 3 was Kedardas, who has been impleaded as respondent No. 2 in this appeal and defendant No. 1 has been impleaded as respondent No. 3.

2. Succinctly put the case of the plaintiff was that his deceased father Manraj took the land in dispute on lease from the Municipal Board, Jodhpur on a monthly rent for Rs. 3/9 annas on October, 4/3, 1944 and executed a rent-note (Ex. 1) and that the plaintiff's father Manraj was put into exclusive possession of the land, who occupied in it the capacity of a tenant during his life time. After the death of Manraj, the plaintiff remained in i