1. - This civil second appeal under section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 28.4.2009 passed by the Additional District Judge (Fast Track) No.3, Jaipur City, Jaipur in Appeal No.48/2009 (69/2009) by which the appeal filed by the appellant has been dismissed which was preferred against the judgment and decree dated 13.2.2009 passed by the Civil Judge (Junior Division), Jaipur City (West), Jaipur in Civil Suit No.207/1999.

2. Briefly stated, the facts for the disposal of the present second appeal are that the present suit was filed by respondent nos. 1 to 7 in the trial court in November, 1999 for eviction for the reason that appellant neither tendered nor paid the rent of shop since October, 1998 and also dismantled the plaster of walls and the flooring. It was also alleged that the defendant-appellant was also intending to sub-let the suit shop, therefore, decree of eviction be passed and a mandatory injunction be also passed in favour of the appellant not to sublet the shop in question. During the pendency of ,the suit, the suit property was sold by respondent nos. 1 to 7 to respondent nos. 8 and 9 vide registered