Honble MADAN, J. –(1). This first appeal has been preferred by Prabhu Dayal (landlord) defendant-appellant against the judgment & decree dated 8.10.1997 passed by the learned Additional District Judge No.3 Jaipur City, Jaipur by which Civil Suit for declaration filed by Sushil Kumar (alleged tenant) plaintiff-respondent has been decreed.

(2). The facts giving rise to this appeal in a narrow compass are that suit for eviction was filed by appellant Prabhudayal (landlord) against Satyanarain and Omprakash, who are arrayed as proforma defendants-respondents Nos. 2 and 3 in the present appeal for their eviction from a shop/show-room which was let out by the appellant to the latter, situated at plot No. 4 near Truck Stand, Transport Nagar, Jaipur. In that eviction Suit No. 129/93 the case of the appellant was that on 1.7.1980 as per rent note dated 10.7.1980 he had let out the suit premises to Satyanarain and Omprakash who started business of automotive parts under the name and style of M/s. Delhi Auto Agencies. It was agreed between the parties that monthly rent of the shop premises shall be paid by Sushil Kumar respondent No. 1 who was not arrayed as defendant to the eviction suit by t

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