DINA NATH Vs. KEWAL KRISHAN

JUDGEMENT

(1.) Respondent filed a suit for ejectment of appellant from the vacant site measuring 86' towards North, 79' towards south, 29' East and 32' towards West as detailed in the plaint mainly on the grounds of default in the payment of the rent. The suit of the plaintiff was resisted alleging inter alia that the rent deed executed by him was got executed by fraud and misrepresentation and that plaintiffs 2 to 7 were not the heirs of Nek Ram, the original landlord.

(2.) On the pleadings of the parties the following issues were framed by the trial court on 19-7-1972 :

(3.) To prove the issues the defendants examined Govind Ram Patwari, Ram Krishen Girdwar and Heam Raj Saddar Qanoongo besides appearing himself as his own witness. The plaintiff examined S/Sh. Shiv Nath, Badri Nath, Dina Nath, Puran Chand, Om Prakash as their witnesses besides Kewal Krishen defendant appeared as his own witness.