PRITAM LAL Vs. CHAN RAM

JUDGEMENT

(1.) A. P. Singh, J. This Second Appeal has been filed by the defendant under Section 100 of the Code of Civil Procedure questioning the legality of the judgment and decree passed by the IV the Additional District Judge, Nainital in Civil Appeal No. 30 of 1984.

(2.) WHEN the appeal was admitted by this court, following substantial question of law was formulated:- "whether the defendant-appellant is tenant or licensee is involved is a question of fact and law. "

(3.) THE question which arises in the case but had not been framed by the court in this appeal at the time of admission of the appeal - whether flat No. 2 is a lodging house or a simple tenament which is governed by the provisions of the Act. THE question which has been framed as substantial question of law, with profound respect to the learned Judge, is not the question which need be answered in this appeal. Sole question relevant for the case is whether the appellant is or is not a tenant of flat No. 2 which is in his occupation. If the answer to the question is in the affirmative the suit must fail; if the question is answered in the negative, the suit must succeed.