JEEVANA RAM ALIAS JAWAN MAL Vs. VIKRAM SINGH

JUDGEMENT

(1.) THIS appeal under Order XLIII, Rule 1 (u) CPC has been filed aggrieved by the judgment dated 22.03.1999 passed by the learned first appellate court in the appeal preferred by respondent -plaintiff Vikram Singh, whereby, after reversing the findings recorded by the trial court on issue Nos.2, 8 & 9 it remanded back the matter to the trial court for decision on issue Nos.3, 4, 5, 6, 11 and 12 after providing parties an opportunity of hearing.

(2.) THE brief facts of the case are that the plaintiff - Vikram Singh filed a suit on 18.01.1979 for arrears of rent and eviction against defendant Jeewana Ram alias Jawan Mal inter alia with the averments that a house by the name 'Anand Niwas' of the petitioner's ownership is situated at Sumerpur. A part of the said house was taken on rent by the defendant on 01.02.1973 for using as Workshop at a monthly rent of Rs.120.00 and rent note was executed on the same day. Averments were made raising grounds of the default in payment of rent, the premises having become unsafe for human habitation and bona fide requirement.

(3.) THE learned trial court framed as many as 13 issues. The issues so far as relevant to the present appeal are issue Nos.2, 8 and 9, which reads as under: -