RAMCHANDER Vs. BAJRANGLAL

JUDGEMENT

(1.) THIS is plaintiff's second appeal against the judgment and decree, dated the 9th October, 1979, of the Civil Judge, Bundi, upholding the judgment and decree of the Musnif, Bundi, dated April 14, 1977 decreeing the plaintiff's suit for eviction.

(2.) THE suit for eviction was based on the ground that the tenant had made material alterations in the premises inasmuch as a 'kaccha' cabin was given on rent but the defendant had converted it into a 'pucca' shop by constructing 'pucca' walls. The defendant contested the suit and denied that the constructions made any material alterations within the meaning of Section 13-C of the Act. It was alleged that the walls were raised with the permission of the plaintiff. The Munsif, by the judgment, dated the 14th April, 1977, dismissed the plaintiff's suit, holding that the alterations made were material, but the same were made with the permission of the landlord. On appeal, the Civil Judge affirmed the findings of the learned Munsif and held that the constructions had materially altered the premises but as the same were made with the consent of the plaintiff the decree for eviction could not be passed under Section 13(1) of the Act. Aggrieved, the plaintiff has filed the present appeal in this Court. While admitting the appeal, this Court on July 7, 1980 formulated the following substantial question of law :-

(3.) IN the facts and the circumstances of the present case, I deem it just and proper to remit the case to the trial Court with the direction to frame an issue as to whether the constructions were made with the permission of the landlord and then decide the case.