KESHARSINGH Vs. BALAKA SINGH

JUDGEMENT

(1.) The petitioner raises in this petition that he is a tenant and that merely because a decree of declaration of title and possession was given to the respondent, his rights as a tenant have not been lost and he is entitled to the relief under law. Unfortunately that was not the plea raised in the written statement nor argued before the trial court and the appellate court. Since the High court dismissed the appeal in limine, under these circumstances, we cannot go into this question for the first time in the SLP. It is open to the petitioner if it is permissible under law, to raise that plea before the appropriate forum for deciding that matter according to law. The special leave petition is accordingly dismissed. court Master