1 S.B.Civil Second Appeal No.242/2006 LRs. of Sabir Khan. vs. Reps. Of Musalman Samaj, Sadri Date : 15.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.P Shah, for the appellants. - - - - - Heard learned counsel for the appellants. The unfortunate landlord filed a suit for eviction of his tenant as back as in the year 1967 or before that. The suit was decreed by the trial court in favour of the plaintiff in the year 1971. The appeal against the said judgment and decree was dismissed on 2.12.1971. No further appeal was preferred by the defendant tenant and the finding on the issues of the appellant/defendant being tenant of the plaintiff/ landlord became final. When the respondent lodged execution of the aforesaid decree passed in civil original no.186/67, then the objection was raised about executability of the decree in view of the extension of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 to the area in which the property is situated. Said objection was dismissed by the executing court and the appeal against the said order of the executing court was dismissed by the appellate court but in the 2 revision petition, this Court held that the decree cannot be executed after coming into force of the Act of 1950 for the area in question. This necessitated filing of second suit against the same tenant and the suit was decreed by the trial court by the impugned judgment and decree dated 27.3.2001 and the appeal against the said judgment and decree was dismissed by the first appellate court vide judgment and decree dated 10.5.2006. Hence, this second appeal. After going through the impugned judgments as well as record, I do not find any substantial question of law involved in this appeal in view of the already decided issues between the parties holding the appellant to be tenant of respondent landlord. Consequently, this second appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya