GAJANAN SAW MILL Vs. GOPAL PD. AGRAWAL

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree of the Court-below dated 28.7.1986, passed in C.A. No. 6-A/1983, arising out of judgment and decree dated 8.12.1982 passed by Civil Judge Class-II, Durg, in Civil Suit No. 3-A/1981.

(2.) THIS court has admitted this appeal by order dated 12.11.1986 on the following substantial question of law :-

(3.) THE trial Court held that the appellant was the tenant of the receiver Shri K.C. Agrawal with effect from 1.12.1979 on monthly rent of Rs. 125/- per month. It was held that the appellant was liable to be evicted after removal of super-structure as he had committed breach of terms of agreement. It was further held that the appellant had paid the rent and, therefore, the respondent was not entitled to any money decree.