MOHD.YAMIN, J. - (1.) I have heard learned counsel for the parties on merits at admission stage in this appeal.
(2.) SUIT for eviction was filed before learned trial court on the basis of default, material alteration and bonafide necessity. Both the parties led evidence. Suit was dismissed by the learned Additional Civil Judge (J.D.) No. 1, Udaipur on 1.3.97. An appeal was preferred and the same has been allowed by Additional District Judge No. 1, Udaipur on 13.7.98. Learned counsel for the appellant has submitted that the trial court did not frame issues regarding comparative hardship. He also submitted that the issue relating to the partial eviction was also not framed and, therefore, the defendant appellant did not have full opportunity to lead evidence.
(3.) ON the other hand, learned counsel for the landlord respondent submitted that though the suit was dismissed by the learned civil Judge (J.D.) yet while decreeing the suit the appellate court has considered evidence on these issues as well which was led by the parties. He submitted that there was no need to frame any additional issues when the parties had led evidence on them which have been decided by the appellate court.;