NOKHEY LAL YADAV Vs. JOGENDRA PRASAD GUPTA

JUDGEMENT

(1.) Whether symbolical delivery of possession infavour of the plaintiff" at the instance of the defendant amounted to attorning to plaintiff as his landlord and whether any payment of rent by the defendant tenant to one Ram Chandra Yadav after 29.9.1977 date of symbolical D.P.) amounted to "default" in payment of rent -are the only significant questions to be considered in this appeal.

(2.) The points involved being of importance, the case was referred to Division Bench on 9.5.1984.

(3.) The learned Counsel for the defendant -tenant -appellant has contended that by symbolical delivery of possession, no relationship of landlord and tenant was ever created between the plaintiff and the defendant in the eye of law, and in that view of the matter the plaintiff could not bring the suit for eviction against the defendant.