ORDER :

Ashok Kumar Jain, J.

1. This S.B. Civil Second Appeal is preferred aggrieved from judgment dated 03.04.1998 in Civil Regular Appeal No.2/1998 by learned Additional District Judge No.2, Ajmer whereby appeal preferred under Section 96 CPC by present appellant defendant was dismissed and judgment and decree dated 02.11.1987 in civil suit no. 356/1982 passed by learned Upper Munsif Magistrate, Ajmer (East) was upheld. Learned Additional Munsif Magistrate, Ajmer (East) passed a decree of eviction and arrears of rent.

2. The facts giving rise to this S.B. Civil Second Appeal are that respondent-plaintiff Amar Nath Bhargava and Mrs. Shail Bhargava filed a civil suit for eviction on second default against the appellant defendant, wherein appellant defendant had filed written statement denying the facts narrated by the plaintiffs. The trial court has framed three issues. In evidence of plaintiff, only Ex. 1 document was exhibited and evidence of plaintiff was closed on 05.07.1985. DW-1 Suresh Chand was examined as witness on behalf of appellant defendant.

3. Learned trial court after considering the material on record has decided issue nos. 1 and 2 in favour of plaintiffs as a result of