(1.) BEING aggrieved by the judgment-decree dated 16-4-1996, passed by 9th ADJ, Jabalpur in C.A. No. 15-A/95 reversing the judgment-decree dated 3-1-1992, passed by 1st Civil Judge Class-I, Jabalpur in C.S. No. 235- A/91, the defendant/appellant, has preferred this appeal under Section 100 of Civil Procedure Code.
(2.) THE appeal has been admitted on the following substantial questions of law :
(3.) IT has been contended that the Court below erred in reversing the judgment-decree passed by the Civil Judge on the grounds mentioned by it in the judgment and in view of the fact that the plaintiff/respondent himself admitted that there was an agreement to sell the suit house by his wife. The Court below also erred in holding that the relationship of landlord and tenant existed between the parties. Further, it has been contended that during the pendency of the suit C.S. No. 235-A/91, plaintiff/respondent late Naveen Chand Jain since had sold the suit house vide Registered Sale Deed dated 20-1-1989 to Pradeep Kumar Jain, suit ought to have been dismissed. In any case plaintiff/respondent late Naveen Chand Jain was not entitled to prefer the appeal against the judgment-decree dated 3-1-1992 passed by Civil Judge in C.S. No. 235-A/91.