SARASWATI DEVI Vs. SURESH JHAWAR

JUDGEMENT

(1.) THE plaintiff-appellants have come up in regular second appeal against the judgment and decree of the first appellate court affirming on appeal those of the trial Judge and dismissing their suit for ejectment of the tenant defendant-respondent from the disputed premises.

(2.) THE facts :-

(3.) ISSUES No. 1 and 5 were not passed at the trial; under issue No. 2, it was held that the plaintiffs had failed to establish that Dr. Ram Sarup had completed the construction of the building within the period of exemption; issues No. 3 and 4 were decided in favour of the plaintiffs; under issue No. 5 A it was held that the plaintiff had accepted rent after the issuance of the notice to quit and, on ultimate analysis, the suit was dismissed.