MOHAMMAD HANIF Vs. MANDIR OF SHRI BADEBALAJI

JUDGEMENT

(1.) THIS is the defendant's second appeal against the Judgment and Decree dated 29-5-1987 passed by the Additional District Judge, Neemuch to the Court of District Judge Mandsaur in Civil Regular Appeal No. 70-A of 1981 reversing the judgment and decree dated 30-9-1980 passed by Civil Judge Class I, Neemuch, in Civil Suit No. 1-A of 1977.

(2.) THE appeal was admitted for hearing on 20-1-1988 on following substantial questions of law :-

(3.) THE defendant No. 1 denied the claim of the plaintiffs. He also challenged the locus of the plaintiffs to file the suit. He further pleaded that the shop was given by Mr. Bansilal to him as a sub-tenant on a monthly rent of Rs. 180/- and he installed the flour mill after purchasing the same from another person. After the death of Bansilal, he entered into a lease of tenancy with the defendant No. 2, owner of the shop, and he was paying rent to the Defendant No. 2, hence the plaintiffs are not entitled to get any relief.