RAJSHRI PICTURES PRIVATE LIMITED Vs. HEM CHAND

JUDGEMENT

(1.) Mr. A.P. Aggarwal, Advocate appears for the respondents and place his power of attorney on record.

(2.) This is a revision petition filed by the petitioner under Section 115 of Code of Civil Procedure assailing the order dated 12.1.1995 passed by Shri Sunil Kumar Aggarwal dismissing the application filed under Order XIV Rule 5 of Civil Procedure Code . for addition/deletion of issues framed by the Court in the suit.

(3.) The respondent filed a suit for recovery of possession and damages for premises that had been let out to the petitioner at a rental of Rs. 4500.00 per month. It is the respondent's case that the monthly tenancy was terminated by a valid notice but the petiitioner did not vacate the premises. Hence the suit. The petitioner filed his written statement raising a number of pleas. The Trial Court framed the following issues: "1. Whether suit has been valued properly for the purposes of Court fees and jurisdiction? OPD 2. Whether defendant is a perpetual lessee? OPD 3. Whether suit is for partial eviction of tenancy premises? If so, its effect? 4. Whether the suit is barred under Section 50 of DRC Act? OPD 5. Whether tenancy of defendant was legally and validly terminated? OPP 6. Whether plaintiffs are entitled to decree of possession in respect of suit property? OPP 7. Whether plaintiffs are entitled to damages. If so at what rate and for which period? OPP 8. Relief.