D. C. SRIVASTAVA, J.

( 1 ) THIS is landlords revision under Sec. 29 (2) of the Bombay Rent act.

( 2 ) THE facts giving rise to this revision are as under : the revisionist filed Civil Suit No. 170 of 1984 for eviction of the respondent. Another Suit No. 132 of 1983 was also filed by the plaintiff - revisionist against the respondent for permanent injunction restraining the defendants from preventing the entry of the plaintiff interear Court yard on the ground floor. Another Civil Misc. Application no. 443 of 1983 was also filed by the plaintiff landlord seeking decision of the Court as to who is tenant in the premises.

( 3 ) WHEN the Trial Court does not apply its mind to marshalling the facts and remains careless in going through the pleadings while framing issues, issues have to be recasted time and again. This is what happened in the eviction Suit No. 170 of 1984.

( 4 ) THE grounds for eviction in the said suit were many, but issues were framed in instalments. At first only four issues were framed in which only two issues were material, viz. , whether the relationship of landlord and tenant subsists between the parties and whether the tenant created nuisance or annoyance to the

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