ROSHAN BAI Vs. MADAN LAL

JUDGEMENT

(1.) THE instant second appeal, under Section 100 of the Code of Civil Procedure, on behalf of the landlord- plaintiff-appellant (for short, `the plaintiff-appellant') Roshan Bai was admitted by this Court on 8th of October, 1985 and following substantial questions of law were formulated:- ``1. That whether the facts and circumstances of the case, on the basis of pleadings can it be said that it is a default (wrongly written as ``default'' in place of ``denial'') of title as if so whether the plaintiff is entitled for a decree? 2. Whether in the facts and circumstances of this case the lease-deed can be used as rent note?''

(2.) DURING the course of arguments, this court further formulated following additional substantial questions of law on 3rd of August, 2006:- ``1. Whether, in the facts and circumstances of the present case, the finding of both the courts below in respect of issue No. 1 is perverse and based on misreading of evidence? 2. Whether the suit of eviction of tenant can be converted into a suit for title in respect of third person? 3 Whether Exhibit-1, the rent-note, is admissible in evidence fully or it is admissible only for collateral purpose?

(3.) ON the basis of the pleadings of the parties, the learned lower court framed 12 issues on 9th April, 1971 and the same have been reproduced in the judgment dated 6.2.1981 of the lower court. Issue No. 1 framed in the present case is whether defendant Madan Lal took disputed land on monthly rent of Rs. 5.50 P. from Raj Bahadur for the period from Kaartik Sudi Ekam Samvat 2014 to Ashaad Sudi 15 Samvat 2015 and got the possession of the same and paid Rs. 10/- towards the rent for it and the defendant Madan Lal executed rent-note dated 17.11.1957 and signed it. Issue No. 2 is whether Raj Bahadur sold the disputed land to Nand Lal vide sale-deed dated 11.7.69, and Nand Lal and Raj Bahadur gave notice about it to defendant. Issue No. 3 is whether Nand Lal sold the disputed land to plaintiff Roshan Bai vide sale deed dated 3.12.1969. Issue No. 4 is in respect of default in making the payment of rent continuously for more than six months. Issue No. 5 is in respect of bonafide necessity of the rented premises and whether the plaintiff is entitled to get a decree of eviction on this ground. Issue No. 6 is whether the valid notice for terminating tenancy of the defendant was given to the defendant. Issue No. 7 is in respect of denial of title of the rented premises by the defendant. Issue No. 8 is whether the plaintiff is entitled to receive rent and costs. Issue No.9 is whether the suit is not on proper stamps. Issue No. 10 is whether there is adverse possession of the defendant and his father on the disputed land. Issue No. 11 is whether the disputed land belongs to Devi Prasad, and that Raj Bahadur had no right to sale it and what is the effect of it on the suit. Issue No. 12 is whether the defendant is entitled to receive special costs of Rs. 500/-. Additional issue i.e. issue No. 5-A was also framed on 24.11.1976, which is in respect of comparative hardship of the rented premises.