M. Y. Eqbal, J. - (1.) This appeal was admitted on 17-4-2008 for hearing on the following substantial question of law-: "Whether in view of the evidences including the documents relating to partition of the suit properties (Exhibit A/1), the findings of the trial court as well as the lower appellate court that there subsists relationship of landlord and tenant between the plaintiff and the defendant is perverse
(2.) The defendant is the appellant and this second appeal arose out of the judgment and decree dated 18-12-2006 passed by 5th Additional District Judge, Giridih in Eviction Appeal No. 04 of 2003 affirming the judgment and decree passed by Munsif, Giridih in Eviction Suit No. 08 of 1995.
(3.) The plaintiff-respondent Dinanath Sharma filed the aforesaid Title Suit against the defendant-appellant for a decree of eviction from the suit premises bearing holding No. 143 of Plot No. 4 within Giridih municipality on the ground of non-payment of rent and personal necessity.;