Code of Civil Procedure, 1908–Order 14, Rule 5–Application for framing the additional issue–Dismissed–Appreciation of–Suit for eviction under the provisions of T.P. Act–Petitioner sought to frame the issue as to whether the suit shop was belonging to a third person B and there was no relationship of land-lord and tenant between plaintiff and petitioner–View of trial Court that this issue was covered by the issue No. 1–For a valid notice u/s. 106, it is sine qua non that the relationship of lesser and leasee exists between the parties–Held, application was rightly dismissed.
