BANSHILAL Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) THESE two appeals can be conveniently disposed of by a single judgment as they arise out of the same order.

(2.) THE facts giving arise to these appeals may be stated within a narrow compass as the facts on which the decision of these appeals turn are not in dispute,

(3.) THE appellant Banshilal filed a suit for eviction and arrears of rent against the respondent Noor Mohammad and one Heera-lal in the Court of Civil Judge, bhilwara which was dismissed on 8-2-1967. Aggrieved by the judgment and decree passed by the learned Civil Judge, Bhilwara Banshilal filed an appeal in the court of District Judge, Bhilwara. During the pendency of the appeal the respondent Noor Mohammad submitted the alleged written agreement between the parties Ex. A1 dated 11-9-1967 and by an application prayed that the appeal be dismissed. This application was opposed by the appellant Banshilal on the ground that the suit had not been adjusted wholly or in part by any lawful agreement or compromise, and it was therefore prayed that the appeal may be decided on merits. The learned District Judge, however, by his order dated 21-41969 came to the conclusion that the relationship of landlord and tenant between banshilal and Noor Mohammad had come to an end and thus the suit had been adjusted wholly by a lawful agreement between the parties. In this view of the matter the plaintiff's appeal was dismiss-ed.