VINOD KUMAR Vs. MANDIR LAXMI NARAYAN

JUDGEMENT

(1.) Before venturing to remark on merits of Second Appeal, it becomes inevitable for this Court to express its deep anguish; as to the manner and for the ulterior motives best known to the defendant/appellant and his counsel of the present Second Appeal, as to why an incomplete documents had been filed by him, particularly when it relates to the very foundation of the entire controversy of Second Appeal which arises out of a Civil Suit No. 66 of 1965, Laxmi Narain and others v. Shri Baru Mal and another, which was adjudicated by the Court of Civil and Sessions Judge, Dehradun by decreeing the Suit on 31st August 1973, whereby the suit of the plaintiff (respondent No. 1 herein) was decreed for eviction and the recovery of arrears of rent.

(2.) In the suit in question, which was instituted way back in 1965, after the exchange of pleadings, the learned trial Court had framed various issues at various stages of the proceeding of Suit. Initially, issue Nos. 1 to 6 were framed by the learned trial Court to the following effect:-

(3.) For the second time, additional issues were framed by the trial Court under Order 14 Rule 4/5 of CPC were yet again framed on 13th July 1966, whereby additional issues No. 7 to 11 were framed to the following effect, which are quoted hereunder:-