1. This second appeal under Section 100 CPC is directed against judgment and decree dated 05.04.2013 passed by Additional District Judge No.2, Jodhpur Metropolitan, whereby, the appellate court while reversing the judgment and decree dated 20.11.2009 passed by Additional Civil Judge (Junior Division) No.3, Jodhpur decreed the suit filed by the respondent-plaintiff for eviction against the appellants.

2. The facts in brief may be noticed thus: the respondent-plaintiff filed a suit for eviction against the defendants-appellants, inter alia, with the averments that a property situated at Sardarpura, Jodhpur is possessed and owned by him, in which, several shops are situated, out of which, shop No. 2 was let out to one Sohan Chand Bhandari on 17.10.1972 by Ganesh Ram, predecessor in title through rent agreement; the shop was let out to Sohan Chand for his own business of cloth; on 02.08.1998 the plaintiff came to know that Sohan Chand had expired long back and none of his family members were carrying on the business with him during his life time and, therefore, the tenancy rights have not devolved upon any of his family members; the father of the plaintiff received the rent of