(1.) HEARD learned counsel for the parties.
(2.) THE appellant/defendant is aggrieved against the judgment and decree dated 5. 9. 2003 by which the trial court decreed the suit of the plaintiff against the respondent/tenant for eviction and also aggrieved against the judgment and decree dated 6. 4. 2005 by which the first appellate court dismissed the appeal of the appellant/tenant.
(3.) IN the second suit also, the present appellant alone was party. During pendency of second suit no. 252/1991, landlord deceased Mohan Das filed the third suit no. 42/1999 against the present appellant on the grounds of material alteration in part of the leased property and on the ground of change of user as well as for parting with possession of the suit premises i. e. parties with one chabootari by present tenant Madan Singh.