V.K.Mehrotra, J. - (1.) Haveli Ram (since deceased and now represented by his legal representatives) instituted this second appeal against the judgment and decree of the VIIth Addl. District Judge, Kanpur dated 26th April, 1976 confirming a decree dated 22nd June, 1975 of the IIIrd Munsif, Kanpur in a suit seeking his ejectment from the house in question and also recovery of some amount by way of arrears of rent and damages. The suit had been filed in the year 1982. It had once been deemed on December 9, 1965, but that decree was set aside in appeal and the suit had been remanded for trial again.
(2.) At some stage of the proceedings before the courts below the plaintiff respondent raised the plea that Haveli Ram was liable to ejectment also on the ground that he had put the demised' premises to a user which was inconsistent with the purpose for which he was let in. The case, in reply, set up by Haveli Ram was that he had done so under an agreement between himself and the plaintiff, which had been arrived at orally in the presence of two persons Kripa Ram and Madan Lal.
(3.) While the trial was pending, Haveli Ram wanted to get these two persons examined on commission. This prayer was rejected by the trial Judge. The matter was agitated in revision by Haveli Ram, where again he was unsuccessful. Then, after a few months, he moved a fresh application with that prayer, which was rejected on April 25, 1975. The ground which the learned Judge gave for rejecting this prayer, was that the application had been made with considerable delay and was malafide.;