(1.) This appeal has been preferred by the defendant/appellant against the judgment dated 12th May, 1994 and decree dated 30th May, 1994 passed and signed by learned 3rd Additional District Judge, Hazaribagh in connection with Eviction Title Appeal No.5 of 1985, whereby judgment dated 21st December, 1984 and decree dated 10th January, 1985 passed and signed by learned Munsif, Hazaribagh in connection with Title Suit No.108 of 1981 by which the defendant has been directed to vacate the suit premises within two months from the date of decree, failing compliance the plaintiff shall be entitled to get the suit premises vacated through process of the Court and a decree for a sum of Rs.360/- as arrears of rent and the plaintiff is also entitled to future rent till the date of delivery of possession, have been upheld.
(2.) The appeal was admitted on 22nd November, 1994 to decide the following substantial questions of law:-
(3.) Jamila Khatoon was the original plaintiff, who brought the suit against defendant/appellant for evicting him from the suit premises on the ground of personal necessity and also on the ground that the defendant had become defaulter in making payment of rent.