- (1.) Heard learned counsel for the appellant.
(2.) It appears that the plaintiff/respondent filed a suit for eviction of his tenant (appellant) earlier also and that suit no.48/1976 was decreed by the trial court on 23.11.1984. The suit was filed on the ground of default also. In that suit, the rent was determined and the defendant tenant paid the rent to the landlord, therefore, issue no.1 regarding default was though decided in favour of the plaintiff landlord still the suit for eviction on the ground of default was dismissed. However, the suit for partial eviction was decreed. While doing so, the rent was reduced from Rs.35/- to Rs.25/-.
(3.) The defendant committed second default, therefore, the suit for eviction was filed by the plaintiff which was decreed by the two courts below by the impugned judgments and decrees. Hence, this second appeal.;