- (1.)Being aggrieved by the judgment 20-7-1996 passed by VI Additional District Judge, Ujjain in Civil Appeal No. 76-A/95 whereby the judgment dated 11-3-95 passed by III Civil Judge, Class II, Ujjain in Civil Suit No. 113-A/1994 whereby the suit filed by the appellant for eviction was decreed, was set aside, the present appeal has been filed.
(2.)The appeal was admitted by this Court for final hearing vide order dated 6-3-1994 on the following substantial questions of law:
1. Whether the first Appellate Court has reversed the judgment and decree passed by the trial Court on irrelevant considerations?

2. Whether the first Appellate Court has committed an error of law in interpretation of documents marked Ex. P/4 and Ex. D/2?

(3.)Short facts of the case are that the suit for evictioin was filed by the appellant on 1-8-1986 alleging that the appellant is owner of a house bearing House No. 1/1026 situ-ated at Nijatpura. Najarali Road, Ujjain, which is in occupation of respondent as ten-ant @ Rs. 30/- per month. It was alleged that the tenancy of the respondent is oral. It was alleged that the respondent has paid the rent up to 31-5-1978 and is in arrears of rent w.e.f. 1-6-78, which has not been paid in spite of notice of demand dated 12-5-1986, whereby tenancy was terminated on 30-6-1986. It was alleged that in spite of notice neither the rent was paid nor the suit accommodation was vacated. Hence it was prayed that decree of eviction be passed. The suit was contested by the respondent by filing written statement wherein plaint allegations were denied. It was denied that respondent has taken loan of Rs. 1,000/- from the appellant. It was agreed that till the loan amount is paid, respondent shall pay a sum of Rs. 30/- per month as interest. It was alleged that it was also agreed between them that upon receipt of loan amount ap-pellant shall execute the sale deed in favour of respondent. It was alleged that there is no relationship between the parties as landlord and tenant. It was prayed that the suit be dis-missed. After framing of issues and record-ing of evidence, learned trial Court decreed the suit in favour of appellant, against which an appeal was filed by the respondent which was allowed and the judgment passed by the learned trial Court was set aside, against which present appeal has been filed.