S.B. SINHA, J.

1. This application is directed against a judgment dated 16.6.1989 passed by Shri Baleshwar Prasad Singh, First Additional District Judge, Giridih in Eviction (Title) Appeal No. 2/61 of 1987-88 whereby and whereunder the said learned court set aside the judgment and decree passed by the Second Additional Munsif, Giridih in Title Suit No. 155 of 1980 & 24 of 1987.

2. The fact of the matter lies in a very narrow compass.

3. Allegedly the plaintiff purchased the suit properties from the rightful owners by reason of a registered deed of sale dated 13.12.1979. According to the plaintiff, the defendant was a tenant under his vendor. The plaintiff therefore, filed a suit for eviction on the ground of default as also on the ground of her personal necessity. In the aforementioned suit, the defendant contended that she had been in occupation of the premises in question in her own right on the basis of an agreement dated 28.10.1979.

4. By a judgment dated 20.8.1983, the suit was decreed. The defendant preferred an appeal against the said judgment and decree which was registered as Title Appeal No. 59/5 of 1983-84, but the same was dismissed by a judgment dated 30.11.1985. A