DHANI RAM Vs. GANESH DASS

JUDGEMENT

(1.) THIS second appeal has been filed by the Defendant against the judgment and decree of the Additional District Judge, Rup Nagar, dated December 12, 1979.

(2.) BRIEFLY , the facts are that the Plaintiff filed a suit for possession by way of ejectment of the Defendant from the property in dispute. It was contested by the Defendant inter alia on the ground that he was not a tenant under the Plaintiff, that a proper notice under Section 06(sic) of the Transfer of Property Act was not served upon him, that he had acquired permanent tenancy rights in the property, that he had raised construction on it at a cost of Rs. 5,000/ - and that the Plaintiff was estopped from terminating the tenancy. The trial Court on the basis of the pleadings framed the following issues: -

(3.) IT is contended by the learned Counsel for the Appellant that the learned District Judge vide order dated February 9, 198(sic) had set aside the judgment and decree of the trial Court and remanded the case to it for deciding the matter afresh. He further submits that he had framed three additional issues and the trial Court had to decide the case again on the old as well as the additional issues. According to the counsel, the barred Court did not decide the old issues but disposed of the suit by deciding only the additional issues framed by the District Judge.