LAWS(SC)-1992-1-64

KEWAL KRISHAN Vs. DINA NATH

Decided On January 13, 1992
KEWAL KRISHAN Appellant
V/S
DINA NATH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant landlord brought an application to evict the respondent tenant from the premises on the ground of default in payment of rent for a long period commencing from 16-11-1965 in spite of the two decrees for recovery of rent having been passed earlier. The respondent tenant's only plea in defence was a denial of the contract of tenancy or in other words, the relationship of landlord and tenant between the parties. The tenant did not, at any time, deny the non-payment of rent from 16-11-1965 nor did the tenant assert the deposit of rent before any authority as an alternative plea to the denial of appellant's title.

(3.) The trial Court accepted the appellant's landlord's claim and passed an order of eviction which was affirmed in first appeal. The High Court in second appeal reversed that decision and set aside the order of eviction on the only ground that no specific issue was framed requiring proof of default in payment of rent which was a ground for eviction. This gives rise to the present appeal.