CSA NO.121/2006 - Bhagwan Singh vs. Kishan Lal and others Order dt:12/11/2008 1/3 S.B.CIVIL SECOND APPEAL NO.121/2006 (Bhagwan Singh vs. Kishan Lal and others) DATE OF ORDER : 12/11/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.R.K.Thanvi,for the appellant. Mr.Prabhat Ojha, for the respondents. 1. This second appeal has been filed by defendant tenant aggrieved by the judgment and eviction decree of first appellate court dated 20/12/2005, whereby, the first appellate court reversing the judgment of learned trial court dated 17/8/2004 held that the relationship of landlord and tenant was established on account of reply of advocate Kanhaiya Lal Khatri on behalf of defendant Ex.3, who also appeared before the learned trial court as witness and deposed before the learned trial court that he was duly instructed by the defendant to give the said reply dated 8/12/2000 on behalf of defendant. In para no.2 of the reply the said advocate has clearly stated that the defendant was tenant of plaintiff for last 20 years and was paying monthly rent of Rs.20/-. 2. Since the defendant took a stand before the trial court that the said advocate Kanhaiya Lal Khatri was not engaged by him, CSA NO.121/2006 - Bhagwan Singh vs. Kishan Lal and others Order dt:12/11/2008 2/3 therefore, he gave such reply without any instruction and on the basis of said reply the relationship of landlord and tenant could not be established. The first appellate court, however, held that since said advocate Kanhaiya Lal Khatri had even put in appearance before the learned trial court and Vakalatnama was duly signed by Kanhaiya Lal Khatri and Radhey Shyam Chanda, which was filed by on 17/2/2001 vide inward No.405 and written statement in the suit was also filed by second advocate Shri Radhey Shyam Chanda, therefore, it could not be held that the reply Ex.3 was given by said advocate Shri Kanhaiya Lal Khatri without any instructions. 3. Having heard learned counsels and upon going through the record of trial court, this Court finds that said advocate Shri Kanhaiya Lal Khatri had proper instructions on behalf of defendant to give reply and also put in appearance along with other advocate Shri Radhey Shyam Chand, who later on filed written statement on behalf of defendant. In view of this, the contention of learned counsel for the appellant that said reply was given by advocate Shri Kanhaiya Lal Khatri without any instructions cannot be believed. 4. In view of this position, the finding of first appellate court that CSA NO.121/2006 - Bhagwan Singh vs. Kishan Lal and others Order dt:12/11/2008 3/3 the relationship of landlord and tenant was established on the basis of said reply is not assailable and cannot be said to be perverse in any manner. No substantial question of law arises in the present second appeal. The second appeal is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. (DR.VINEET KOTHARI), J. item no.31 baweja/-