Surjit Singh, J:- This second appeal against the judgment and decree of the first appellate court (District Judge) was admitted on the following substantial questions of law, vide order dated 11.9.2000:- 1 .Whether the suit as laid was maintainable under the law?

2. Whether the lower appellate court has erred in rejecting the application made by the defendant / appellant for permission to lead additional evidence?

3. Whether the lower appellate court has erred in rejecting the application made by the defendant / appellant for the amendment of the written statement?

2. The appeal may finally heard on 18th and 19th October, 2006. Facts relevant for the disposal of the appeal may be summed up thus. Respondent Prem Lata, hereinafter called plaintiff, filed a suit on 3.12.1986, for possession of the suit premises consisting of two rooms, kitchen, bathroom, store and latrine, alleging that she was a tenant in the aforesaid premises under the present appellants who were impleaded as defendants No.2 to 6 and that for some personal reasons, she had not been staying in Shimla where the premises are situated and directed her neighbor, proforma respondent No.2 Rajesh Sood to look after