Honble YADAV, J. — This is defendants second appeal against the judgment and decree dated 22.12.1994 passed by learned Civil Judge (Senior Division) cum-Chief Judicial Magistrate, Nathdwara in Civil Appeal No.6 of 1993 affirming the judgment and decree of Munsif and Judicial Magistrate, First Class, Nathdwara dated 6.1.92 passed in Civil Original Suit No.133 of 1979 decreeing the plaintiffs suit for eviction.

(2). According to the plaint allegations, the suit-premises was let out to Mangi Lal on 5.8.67 at monthly rent of Rs. 12/-, which was subsequently enhanced to Rs. 15/-. The aforesaid suit was initially filed against the present defendant-appellants and Smt. Bhanwari and Smt. Radha daughters of deceased Mangi Lal on the ground of reasonable and bonafide necessity as well as on the ground of default in payment of rent.

(3). During pendency of the suit, on 24.10.80, the plaintiff had withdrawn the suit against Smt. Bhanwari and Smt. Radha, who were arrayed as defendants No.3 and 4 respectively. The appellants did not raise any objection for withdrawal of the suit against the aforesaid two defendants.

(4). The defendant-appellants after service of notices, filed detailed written stat

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