ASHOK BIMAL GHOSH Vs. BEANT KAUR

JUDGEMENT

(1.) This revision petition is directed against the order dated 6.6.98 passed by the Additional District Judge in Misc. Case No. 36/1997, By the aforesaid order the trial court dismissed the application filed by the petitioner/defendant under Order 47 Rule 1 Civil Procedure Code seeking for review of the judgment and decree dated 31.5.97.

(2.) Asuit was instituted by the respondent as the piaintiff seeking for a decree for eviction of the defendant/petitioner from the suit premises and for payment of damages/ mesne profits. The suit premises consists of one drawing room, one dinning room, three led rooms with attached bath rooms, one study room, one lounge, one kitchen, one lobby, garage and servant quarter with attached bath room and situated at C-646, Mew Friends Colony, New Delhi. Admittedly, the petitioner and the respondent entered into an agreement and a lease deed dated 31.7.1984 was executed between the parties. A tenancy was, therefore, created in respect of the aforesaid premises under the aforesaid registered lease deed dated 31.7.1984.

(3.) In the aforesaid suit nine issues were framed of which Issue No. 1 and Issue No. 8 were in the following manner:- 1. Whether the plaintiff is the owner and landlady of the demised premises and not Sh. Karanjit Singh Sekhon? OPP 2. Whether the suit is bad for non-joinder of necessary parties? OPD