The admitted position is that the appellant landlord had entered into an agreement of lease with the respondent tenant on August 30, 1969 for a period of 11 months for rent Rs.220/ per mensem.
This appeal by special leave arises from the judgment of the Allahabad High Court, made on October 2, 1982 and August 9, 1983 in Civil Revision No.3613/78.
The Division Bench has answered the reference and held that the lease deed is inadmissible evidence and cannot be looked into and oral evidence in proof of the tenancy is also inadmissible.
After the reference was answered, the learned single Judge, following the reference order, allowed the revision and set aside the decree of eviction.
The trial Court decreed the suit on May 19, 1977.
The tenants then filed the revision in the High Court.
Notice of demand for arrears and also for termination of tenancy for number payment was delivered to the respondent on April 8, 1972.
Thereafter, the appellant filed suit on the same cause side for ejectment of the respondent.
Thus, this appeal by special leave.
