JUDGMENT :

1. A civil suit filed by Shri Munshi Lal Sethi, the predecessor-in-interest of the appellants (for short-‘the plaintiff’) for eviction and arrears of rent on the ground of default in payment of rent was decreed by the learned Civil Judge (Jr. Division), Jaipur City (East), Jaipur (for brevity-`the learned trial court’) vide judgment dated 25.3.1998; however, the learned Additional District Judge No.7, Jaipur City (for short-`the learned appellate court’) while allowing the civil regular appeal preferred by the respondents/defendants (for short-`the defendants’), set aside the decree of eviction vide its impugned judgment and decree dated 24.3.1999.

2. The relevant facts in brief are that the plaintiff filed a suit as stated hereinabove stating therein that the suit property comprising of a shop, as described in para no.1 of the plaint, was taken on rent on 1.1.1971 by Shri Nauratanmal Sancheti, the predecessor-in-interest of the defendants (hereinafter referred to as `the deceased tenant’). It was averred that on an earlier occasion, the plaintiff had filed a suit for eviction and arrears of rent against the deceased tenant alleging default in payment of rent wherein, the