RAFIQ MOHAMMED Vs. NISAR MOHAMMED

JUDGEMENT

(1.) HEARD . The plaintiff-respondent had instituted a civil suit. for rent & ejectment on the ground of default in the payment of rent & personal bona fide necessity. That suit was dismissed by the learned trial court holding that there was no relationship of landlord & tenant between the plaintiff and the defendant. The plaintiff-respondent thereupon instituted a second suit for possession & damages, on the ground that the defendant-appellant had not accepted himself as the tenant of the plaintiff and his possession is that of a trespasser. The learned trial court decreed the plaintiff's suit. The matter was carried in appeal before the first appellate court, which has also dismissed the appeal. Feeling aggrieved thereby the defendant-appellant has preferred this second appeal.

(2.) OUT of the nine questions framed by the appellant in the memo of the appeal eight are as under :-

(3.) THE last question, framed by the appellant, in the memo of the appeal, is whether the present suit was barred under Order - 2. Rules - 2 and Section 11 of the Code of Civil Procedure (CPC) ?