Hon'ble Dr. KOTHARI, J.—The appellants-defendants, Smt. Nirmala Devi and others (who are the legal representatives of original-tenant, Hotchand Dadlani) have filed this first appeal under Section 96 of Code of Civil Procedure, 1908, aggrieved by the judgment and eviction decree dated 17.03.2005 passed by learned Additional District Judge, Abu Road, District Sirohi in Civil Original Suit No.59/03- Tulsi Devi vs. Nirmala Devi & Ors., which was filed by the plaintiff-landlady, Smt. Tulsi Devi W/o late Sh. Bhagwati Prasad Chorsiya.

2. The plaintiff-respondent-landlady filed the suit seeking eviction of the defendants, who are the legal representatives of original tenant, Hotchand Dadlani, from the suit premises, which is a residential house, situated in “Baghicha Colony”, Abu Road of which the tenant was in possession of three rooms, latrine and bathroom on the first floor of the said house. The eviction suit was filed by the plaintiff-landlady on the ground of default in payment of rent. The tenancy in question was terminated by notice under Section 106 of the Transfer of Property Act Ex.3 dated 01.08.2003, which was duly received by the defendants-tenants on 06.08.2003. The original t

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