Heard Sri Sharad Sharma, counsel for the appellant and Sri B.C. Pande Sr. Advocate, assisted by Sri Naresh Pant, counsel for the respondent.

2. By the present Second Appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 10th August, 1992 passed by District Judge, Pauri Garhwal in First Appeal No. 597 of 1983 Smt. Bindra Devi and others Vs. Raghubir Singh Bisht and another arising out of Original Suit NO.47 of 1979 Smt. Bindra Devi and others Vs. Raghubir Singh Bisht and another.

3. Present Second Appeal was admitted on 28-8-1992 on the following substantial question of law:

"(1) Whether on the facts of the present case, the defendant-appellant No.2 - son of the appellant no. 1 is also helping in the hotel business of the appellant No. 1 lower appellate Court was correct in holding that it will amount to surrender of tenancy 7 (2) Whether in absence of any evidence on record and also specific plea by the plaintiff respondents, the lower appellate court was correct in holding that the tenancy has been surrendered by the defendant-appellant no. 17 (3) Whether the learned lower appellate Court was