MOOLCHANDRA Vs. KAMLABAI

JUDGEMENT

(1.) This second appeal under Sec. 100 of Code of Civil Procedure has been filed by the appellant/defendant/tenant being aggrieved by the judgment and decree dtd. 22/07/2011 passed by Additional District Judge, Shajapur, District-Shajapur in Civil Appeal No.2- A/2010 filed by legal representatives No.1 and 2 of sole respondent/plaintiff/landlord whereby the judgment and decree dtd. 24/12/2009 passed by Civil Judge, Class-I, Shajapur, District-Shajapur in Civil Suit No.89-A/2009 was set-aside.

(2.) Before adverting into the merits of the case, it would be apposite to state here first that earlier on 08/10/2012 this Court admitted the appeal for final hearing on the following substantial question of law :-

(3.) Thereafter, application under Order 41 Rule 27 of CPC for taking the additional documents on record was filed by the appellant/defendant and on 14/02/2019 parties appeared and argued the matter finally before this Court and vide judgment dtd. 05/03/2019 this Court has observed, as follows:-