SUNDER BAI Vs. SHRIKRISHNA TAMRAKAR

JUDGEMENT

(1.) This second appeal under Sec. 100 CPC has been filed against the judgment and decree dtd. 13/10/1995 passed by Fourth Additional District Judge to the Court of District Judge, Sagar in Civil Appeal No.29A/1991 arising out of judgment and decree dtd. 30/9/1991 passed by II Civil Judge Class-I Sagar in Civil Suit No.21-A/1989.

(2.) This second appeal was admitted on 8/9/1997 on the following substantial question of law:

(3.) It is submitted by the counsel for the appellants that it is well established principle of law that a suit for declaration cannot be converted into a suit for appeal and accordingly, he fairly conceded that the substantial question of law framed by the Court on 8/9/1997 does not arise. However, it is submitted that by order dtd. 13/8/2015, this Court had framed another substantial question of law which reads as under: 'Whether the lower appellate Court committed an error of law by reversing the finding recorded by the trial court that the landlord tenant relationship exist between the parties by virtue of principle of 'tenancy by attornment' thereby entitling the appellant/plaintiff to decree for eviction under the provision of M.P. Accommodation Control Act, 1961?'