KANMAL Vs. RAM KUMAR

JUDGEMENT

(1.) WHILE admitting this second appeal on 18.4.1994, this Court framed the following substantial questions of law :-

(2.) BRIEF facts of the case are that plaintiff-appellant filed a suit for eviction against the defendant-respondent on the ground that the two rooms situated over the garage were let out to the defendant-respondent on 1.5.1977. It is also stated that the kitchen, latrine and bath-room are situated in the room. The grounds for eviction are default in payment of rent, causing nuisance by putting one big box in the passage obstructing the way leading towards the garage, using the water connection in such a manner which is causing the nuisance in passage resulting into falling of the plaintiff himself and because of this water seepage, the building is being damaged and the last ground for eviction is that the suit premises was taken on rent by the defendant for his own residential purpose but now, the defendant has started his office of advocate in one of the rooms since last more than six months.

(3.) THE trial court framed seven issues. The plaintiff gave his own statement before the trial court as P.W.1 and produced witnesses P.W. 2-Gopi Kishan and P.W.3-Paras Mal, whereas the defendant himself appeared in the witness-box. The defendant produced witnesses D.W.2-Dhan Ram, D.W.3-Bhanwar Lal, D.W.4- Jayant Gehlot, D.W.5-Kushal Raj, D.W.-6 Arjun Singh and D.W.7-Manakchand.