1. - This second appeal under Section 100 CPC has been filed against the judgment and decree dated 5.10.2002 passed by Additional District Judge, Kishangarh (Ajmer) in Civil Regular Appeal No. 47/1997 whereby the appellate court has reversed the decree of the trial court dated 30.7.97 passed by Additional Civil Judge (J.D.), Kishangarh and decreed the plaintiff's suit for eviction.

2. During appeal Santok Singh, the original tenant has died and vide order dated 10.1.2008, the appeal stands abated and dismissed, against which the appellants approached to the Apex Court and the Apex Court vide judgment dated 4.3.2009 in Civil Appeal No. 1525/2009 has ordered that the High Court should direct the learned trial Court to take evidence as regards to the fact whether present appellants who are sons of Santok Singh were ordinarily carrying on business in the premises at the time of death and trial Court should decide the issue as per provisions of Order 22, Rule 5 Civil Procedure Code. In compliance of the order, the court below has conducted the enquiry. Land Lord respondent has examined himself as PW/1, PW/2 Devraj, PW/3 Manvendra Singh, and PW/4 Shyamsunder Vaishnav whereas tena