DHARAM SINGH Vs. SHEO SHANKAR PRASAD

JUDGEMENT

(1.) IN a suit filed by the tenant for mandatory injunction seeking relief that landlord should not dispossess him without due process of law, landlord/petitioner moved an application under Section 151 CPC praying that the plaintiff/tenant be directed to pay him rent as agreed between the parties @ rs. 18,150/- p. m. This application was dismissed by the learned Civil Judge by the impugned order dated 11. 12. 2007 and hence this petition. Recovery of rent from tenant is altogether different cause of action. If the tenant, who has filed a petition for mandatory injunction that he should not be dispossessed except with due process of law, is alleged to have not paid rent the landlord should resort to recovery of rent by an independent proceeding or should file a counter claim. The landlord filed an application under Section 151 CPC and asked the Court to enter upon a controversy in respect of rent, rent period for which rent has not been paid etc. , which is altogether alien to the suit filed by the tenant. I find no infirmity in the order of the trial Court. The petition is hereby dismissed.