KASTURI BAI Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS appeal is filed by the defendants/tenants against the judgment and decree dated 18.12.1996 passed by Additional District Judge, Sheopurkalan in Civil Appeal No. 2A/89, which was preferred by the appellants -defendants against the judgment and decree dated 29.9.1988 passed by First Civil Judge Class -2, Sheopurkalan in Civil Original Suit No. 203A/88.

(2.) BRIEF facts of the case are that plaintiff Kanhaiyalal filed a suit against the original defendant Tulsiram for ejectment on the ground that the suit accommodation was taken by him from Municipal Council, Sheopurkalan. Thus, admittedly the suit accommodation was owned by Municipality. After taking the said property on lease from Municipality, the tenant Kanhaiyalal let the said property to the defendant on rent at the rate of Rs. 10/ - per month. The plaintiff filed the present suit for ejectment of the said premises.

(3.) THE second appeal filed by the appellants -tenants is admitted by this Court on 5.3.1997 on following two substantial questions of law : -