- (1.) THE second appeal has been preferred against the judgment and decree dated 28.05.2013 passed by learned District Judge -IX, Dhanbad in Title Appeal No.63 of 2010 affirming and upholding the judgment and decree dated 25.02.2010 passed in Title (Eviction) Suit No.40/2002 passed by learned Additional Munsif, 1st, Dhanbad.
(2.) THE appellant is the tenant. The suit was filed by the plaintiffs -respondents for eviction of the appellant from the suit premises on the ground of default in payment of rent and personal necessity. The defendant -appellant contested the suit taking the defence that there is no relationship of landlord and tenant between the plaintiffs and the defendant. They are the owners of the suit premises and there is no question of payment of rent or default in payment of rent. They questioned the maintainability of the suit on that ground and prayed for dismissing the suit. Learned trial court, on the basis of the pleadings of the parties, framed as many as nine issues. Among them, issues as to whether there was a relationship of landlord and tenant between the parties, whether the defendant defaulted in payment of rent and whether the plaintiffs need the suit property bonafide were arrayed as issue nos. 4, 5 and 6 respectively.
(3.) BOTH the parties led evidences ­ oral and documentary.;