NATHU LAL Vs. DARGAH COMMITTEE AJMER

JUDGEMENT

(1.) HEARD learned counsel for the parties. The substantial question of law involved in the present case is "whether, the learned First Appellate Court is required to appreciate the facts and law involved in the Regular First Appeal or not?"

(2.) THE plaintiff-respondent instituted a suit for recovery of arrears of rent as well as ejectment from the rented premises against the defendant-appellant.

(3.) AFTER considering the submissions of learned counsel for both the parties, I am of the opinion that appeal under Section 96 C. P. C. , is a statutory appeal and it is a duty of the first appellate Court to refer, consider and appreciate the facts as well as law both while deciding the first appeal, therefore, above referred question involved in this second appeal is liable to be answered in favour of appellant.