1. - This civil second appeal under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act of 1950' hereinafter) r/w Section 100 of Code of Civil Procedure (for short 'the Code' hereinafter) is directed against the judgment and decree dated 17.5.2008 passed by Additional District Judge No.2, Jodhpur (for short 'the first appellate court' hereinafter) in Civil Appeal Decree No. 108/07 whereby the appeal filed by the appellants defendants against the judgment and decree dated 23.11.2004 passed by Additional Civil Judge (Jr. Div.) No.2, Jodhpur (for short 'the trial court' hereinafter) in Civil Original Suit No.34/2001, was dismissed.

2. During the pendency of the appeal, an application being I.A. No. 12861/08 came to be filed by the appellants defendants under Order 41 Rule 27 r/w Section 151 of the Code seeking to take on record the certified copy of the Voter List .

3. I have heard learned counsel for the parties on the application under Order 41 Rule 27 r/w Section 151 of the Code as also on the merit of the appeal. Carefully gone through the judgment and decree of the trial court as well as of the first appellate court.

4. Learned