( 1 ) ALL these aforementioned civil second appeals and civil revisions involve identical question of law and facts and therefore, with the consent of learned counsel for the parties they are heard and decided together taking the facts of SBCSA. No. 139/09 "ram Narayan vs. Smt. Asha devi" as a leading case.

( 2 ) BRIEFLY stated the facts to the extent they are relevant and necessary for the decision of these appeals and revisions are that the plaintiff respondent smt. Asha Devi filed a civil suit against firm Ram Narayan Om Prakash for eviction of the disputed premises after serving notice under Section 106 r/w Section 114 (h) of the Transfer of Property Act dated 6. 10. 2003. The suit came to be decreed by judgment and decree dated 16. 8. 2007 passed by Additional civil Judge (Senior Division) No. 4, Bikaner (for short the trial Court' hereinafter) against which, one Ram Narayan the appellant herein filed an appeal before Additional District Judge No. 2, Bikaner (for short the first appellate Court' hereinafter) impleading Smt. Asha Devi as respondent. In the appeal, the other partner of the firm namely Om Prakash has not been impleaded. Be that as it may, the issue of