SATISH KUMAR Vs. ZARIF AHMED

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the Allahabad High court, made on 2/10/1982 and 9/8/1983 in Civil Revision No. 3613 of 1978.

(2.) The admitted position is that the appellant-landlord had entered into an agreement of lease with the respondent-tenant on 30/8/1969 for a period of 11 months for rent @ Rs. 220. 00 per mensem. Notice of demand for arrears and also for termination of tenancy for non-payment was delivered to the respondent on 8/4/1972. Thereafter, the appellant filed suit on the small cause side for ejectment of the respondent. The trial court decreed the suit on 19-5-1977. The tenants then filed the revision in the High court. The learned Single Judge referred the following two questions for decision by a division bench:

(3.) The division bench has answered the reference and held that the lease deed is inadmissible evidence and cannot be looked into and oral evidence inproof of the tenancy is also inadmissible. After the reference was answered, the learned Single Judge, following the reference order, allowed the revision and set aside the decree of eviction. Thus, this appeal by special leave.