LAXMI NARAYAN SHAW Vs. HARI RAM BARHI

JUDGEMENT

(1.) THIS second appeal, at the instance of the appellant, is directed against the judgment dated 31.5.1990 and decree dated 15.6.1990 passed in Title Appeal No. 8/74, whereby and whereunder the learned Second Additional District Judge, Dhanbad reversed the judgment dated 10.12.1973 passed in Title Suit No. 122/70.

(2.) THE plaintiff had brought the suit for eviction of the defendant No. 1 respondent from the house premises described in Schedule A of the plaint and for khas possession thereof and also for arrears of rent and the suit filed on behalf of the plaintiff was decreed and being aggrieved by the judgment passed in Title Suit No. 122/70 the defendant preferred an appeal and the appeal was allowed and judgment of the lower Court passed in Title Suit No. 122/70 was set aside and thereafter the plaintiff, who is appellant in this second appeal, has preferred this second appeal and in this second appeal substantial question of law has been formulated as under :

(3.) LEARNED counsel appearing for the appellant submitted that the impugned judgment and decree of the appellate Court is not in accordance with the observations made by the High Court in Second Appeal No. 479/75(R). The observation of the High Court passed in Second Appeal No. 479/75(R) is quoted hereinbelow : -