FIRM SAGARMAL VISHNU BHAGWAN Vs. GAURI SHANKAR

JUDGEMENT

(1.) The limited question of law falling for consideration in this appeal by special leave is whether the High court had travelled beyond its jurisdiction when in spite of accepting the appellant's contention in second appeal, it had failed to allow the appeal and instead dismissed it on a ground which was not in issue in the second appeal.

(2.) We may first have a look at the facts. The tenant/appellant was granted lease of a nohara (an open space enclosed by a wall) belonging to the respondent in Hanumangarh town in the year 1965. On 19/09/1967, the respondent instituted a suit against the appellant praying for recovery of rent as well as the eviction of the appellant on various grounds, such as, default in payment of rent, causing material alteration and damage to the property, bona fide requirement of the nohara by the landlord for starting a factory etc. The appellant raised appropriate defences and contested the suit. On the basis of the pleadings of the parties, the trial court viz. the Munsif Magistrate 1st Class, Hanumangarh framed seven issues and two additional issues. Issue 3, 6 and additional issue 1 which alone are of relevance in this appeal were framed as under:

(3.) After a detailed consideration of the evidence adduced by the parties, the trial court answered issues 2 to 5 in favour of the appellant. On issues 1 and 7 which related to the tenancy being monthly or yearly and whether there had been a valid termination of the tenancy. the trial court held against the appellant. However, on issue 6 and additional issue 1 which pertained to the arrears of rent. the trial courtheld that there were no arrears and hence no decree for eviction can be passed on the ground of arrears of rent.