Honble KEJRIWAL, J. - This appeal under Section 100 C.P.C. has been directed against the judgment and decree dated 22.1.1994, passed by learned Civil Judge, Sikar, in Civil Regular Appeal No. 3/91(4/91), by which he accepted the appeal of the plaintiff and decreed the suit for eviction by setting-aside the judgment and decree dated 8.3.1991, passed by learned Additional Munsif, Sikar, in civil suit No. 95/1987.

(2). The brief relevant facts of the case are that the plain tiffs-respondents filed a suit for eviction against the appellant, which was dismissed by the trial Court. Against this decree of the trial Court, the plaintiffs filed an appeal, which was allowed by learned Civil Judge, Sikar, vide his judgment and decree dated 22.1.1994, and the suit of the plaintiffs for eviction was decreed on the ground that the appellant denied the title of the plaintiffs. This decree has been challenged in this appeal by the defendant-appellant.

(3). The submission of the counsel for the defendant-appellant is that there is neither any pleading nor issue on the point of denial of title, hence the lower appellate Court was not justified in passing a decree of eviction on the ground of denial of

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