Hon'ble Dr. KOTHARI, J.—The appellants-plaintiffs (landlord), namely, Sunderlal S/o Bhagwan Das, Narain Das S/o Bhawan Das and Nirmal Kumari D/o Bhawan Das, have filed the present second appeal against the respondents-tenants (defendants), namely, Hairsh Kumar S/o Lokumal Singh Samija and Chandulal S/o Lokumal Singh Samija, being aggrieved by the judgment and decree dated 14.05.2001 passed by learned Additional District Judge, No.2, Bikaner in Civil Appeal No.133/1996-Harish Kumar & Anr. vs. Sunder Lal & Ors., by which the defendants-tenants' appeal was allowed and the suit filed by the plaintiffs for eviction was dismissed reversing the trial court's judgment. The learned trial court of Additional Civil Judge, Bikaner vide its judgment and decree dated 02.12.1992 had decreed the eviction suit filed by the plaintiffs-landlord being Eviction Suit No.103/1989- Sunder Lal & Ors. vs. Harish Kumar & Anr. on the ground of sub-letting by Chandu Lal in favour of Harish Kumar, his own brother.

2. Briefly stated, the facts of the case are that the appellants-plaintiffs filed the eviction suit against the defendants-tenants for eviction of the suit shop in question on the ground of default in

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