VISHNU GOPAL Vs. PREM DUTT GAUTAM

JUDGEMENT

(1.) PRAKASH Krishna, J. This is plaintiff's appeal from order of the First Additional District Judge, Aligarh dated 13th of May, 1994 in civil appeal No. 45 of 1987 whereby the Court below allowed the appeal, set aside the judgment and decree of the trial Court and remanded the matter to the trial Court for fresh decision.

(2.) THE suit No. 262 of 1981 was instituted by the present appellants against the defendant respondent on the pleas inter alia that the defendant is the tenant of the disputed land of which the plaintiffs are owners and landlord, on a monthly rent of Rs. 180/ -. THE defendant failed to pay the rent after 20th of June 1977 and sublet a portion of it to defendant No. 3. THE tenancy was terminated through a notice, which was served on 10th of January 1981 and the suit was filed for recovery of arrears of rent, damages and ejectment of the defendants.

(3.) THE defendant tenant simultaneously also filed a regular appeal against the judgment and decree dated 4-12-1986 of the trial Court decreeing the suit for ejectment and recovery of arrears of rent etc. This was numbered as Civil Appeal No. 45 of 1987.