LALLAN PRASAD Vs. RAM KISHUN PRASAD

JUDGEMENT

(1.) This is a defendant's appeal against the judgment and decree dated 26.2.1998 of 1st Additional District Judge. Ballia. affirming the judgment and decree dated 24.7.1996 of Civil Judge (Jr. Div.) decreeing the plaintiffs suit for arrears of rent amounting to Rs. 14.800 and for ejectment from the house in dispute.

(2.) The second appeal was filed in the office on 28.5.1998 but before that the plaintiff-respondents had put in a caveat. After hearing counsel for the parties, a learned single Judge passed an order on 29.5.1998 directing that the appeal be listed for further arguments on 6.7.1998 and till that date the dispossession of the defendant-appellants was stayed. On 6.7.1998 an order was passed to summon the record of the Courts below and the stay order was extended. Subsequently, the appeal was assigned for hearing to me. As the plaintiff-respondents were vehemently opposing the continuance of the stay order in favour of the appellants, it was directed on 18.9.1998 that the appeal itself may be finally heard at the admission stage. After hearing the learned counsel for the appellants, the following substantial questions of law were framed on 27.8.1999 : "1. Whether the plaintiffs have established their title to the property prior to the date on which they claim to have let out the same to defendant No. 1? 2. Whether the plaintiffs have established that they let out the property to the defendant No. 1 in 1972?

(3.) Whether the suit as framed is maintainable?" 3. Thereafter learned counsel for the parties made their detailed submissions on the merits of the appeal.