JUDGMENT :

SUDESH BANSAL, J.

1. Appellants-defendants-tenants have filed this second appeal under Section 100 CPC challenging the decree for eviction dated 27.09.2008 passed by Civil Judge (Senior Division), Tonk in civil suit No. 82/2004 in relation to the shop in question on the ground of bona fide and personal need and which has been affirmed in First Appeal No. 81/2008 passed by District Judge, Tonk vide judgment dated 21.08.2009.

2. The simple issue involved in this second appeal is whether the eviction decree passed by two courts below recording a fact finding that the rented shop of appellants is required for landlord’s grandson-Mohammad Haleem to start grocery business suffers from perversity or not however, counsel for appellants-tenants has tried to make a persuasive attempt seeking declaration of eviction decree passed by civil court as without jurisdiction and nullity raising inter alia following points:

(I) That in the plaint itself, it was pleaded that for this rented shop, the landlord-Hazi Alladin by creating waqf of waqf-alal-aulad for the benefit of his family members including son and grandson and appointed plaintiff as mutawalli, hence, the rented shop is a waqf pro