OM PRAKASH JAIN Vs. KANWAL KISHORE HANDA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner has assailed an order dated 22nd February 2008 passed by the learned additional District Judge whereby he dismissed an application of the petitioner for framing additional issues.

(2.) BRIEF facts relevant for the purpose of deciding this petition are that a suit filed by the plaintiff (respondent herein) for possession, permanent injunction, rendition of accounts and damages is pending before the trial court. The issues in the suit were framed on 4th July 2006 and thereafter, the plaintiff examined his witnesses and closed his evidence. In the meanwhile, defendant moved an application for amendment of issues and wanted the court to frame following issue:

(3.) A perusal of the pleadings of the parties would show that that the plaintiff had taken the stand that he was the owner of the property bearing no. 9/5539, Gali No. 2, Old Seelampur, Gandhi Nagar, Delhi as he purchased this property from his previous owner. He entered into a partnership deed for running a store in the name and style of M/s Handa and Company with the defendant in a part of the suit premises. The partnership firm was dissolved by the legal notice dated 12th September 2005. The defendant, however, kept possession of the part of the premises, hence he filed a suit for possession as well as mesne profits. The defendant in his written statement took the stand that he was a tenant in the premises on a monthly rent of Rs. 100/- and was in possession of suit property since 1985 and running a Kerana store in the name and style of "mittal Provisional Store". He had regularly paid the rent till 1990. Thereafter, he deposited the same in different Courts, since the plaintiff refused to accept the same. On the basis of pleadings and averments, the learned trial court framed the following issues: