RAJ MAL Vs. BHIM SEN

JUDGEMENT

(1.) THE sole question arising for determination in the present case is :-

(2.) THE present second appeal has been preferred by the defendant against the judgment and decree dated 17.9.1997 of the learned District Judge, Kangra at Dharamshala, reversing the judgment and decree dated 2.4.1997 of the learned Sub Judge (II), Kangra.

(3.) THE defendant while resisting the suit pleaded that he was not liable to be ejected since a permanent tenancy was created in his favour. It was further pleaded that due to his own act, conduct, acquiescence and silence of the plaintiff, the suit was not maintainable.