JAITOON Vs. ROOP CHAND

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) BY the impugned judgment, learned lower Appellate Court has decreed the suit for eviction, on the ground of second default i. e. the defendant has neither tendered nor paid rent for a period of six months, and earlier suit having been filed on the same ground, wherein on the first date of hearing the tenant had deposited the entire arrears of rent along with interest and costs, and consequently that previous suit was dismissed.

(3.) SO far as the finding about tender and payment of rent by the appellant, in the present suit, is concerned, a look at the impugned judgment shows, that the learned lower Appellate Court was conscious of its limitations, and while deciding issue No. 3 learned lower Appellate Court has recapitulated the evidence, and finding the conclusions of the learned trial Court to be inherently unsustainable, has held, that though the learned trial Court has discussed the evidence, but the conclusions cannot be sustained, therefore, the learned lower Appellate Court proceeded to re-appreciate the evidence, and has thereafter decided the issue against the appellant.