1. - This is first appeal filed by defendants against judgment and decree dated 14.10.1996 passed by learned Additional District Judge No.3, Jaipur City, Jaipur, in Civil Suit No.423/1995, whereby learned trial court decreed the plaintiff's suit for eviction. This appeal was admitted to hearing on 23.11.1998 and interim order was also passed.

2. Though the matter has come up for orders on an application filed by plaintiff-respondent for award of mesne profit but, on request of learned counsel for both the parties and keeping in view of the fact that plaintiff-respondent Nirmaldas is a senior citizen aged about 85 years, appeal has been heard finally.

3. Plaintiff filed a suit for eviction against defendant for eviction on the ground of sub-letting, non-user of the shop and default in payment of rent, for which issues no.1, 2 and 6 were framed respectively. Learned trial court decided the issue no.1 regarding sub-letting in favour of plaintiff and against defendants. Issue no.2 regarding non-user of shop for last eight months from the date of filing of the suit was also decided in favour of plaintiff and against defendant. Remaining issues No.3 to 6 including the issue no.6 r