SARDAR JOGENDRA SINGH Vs. DWARKA SINGH

JUDGEMENT

(1.) R. H. Zaidi, J. The above noted three petitions arise out of three suits, which were consolidated and are directed against the common judgment and order passed by the Revisional Court dated 13-4-2000. They were, therefore, heard together and are being disposed of this common judgment.

(2.) THE relevant facts of the case giving rise to above noted petition, in brief are that the Respondents No. 1 and 2 filed three suits No. 36 of 1985, 39 of 1984 and 785 of 1985 for ejectment of the petitioners from the shops in dispute Nos. 9, 10 and 11 situated in house No. 12/120-A, Nawabganj, Agra and for recovery of arrears of rent and damages on the ground of default. THE said suits were con solidated and in the same following seven common issues were framed :

(3.) 1 have considered the submissions made by learned Counsel for the petitioner and also perused the material on record carefully. It is not disputed that on the basis of the pleadings of the parties as many as seven issues were framed by the trial Court, which have been noted above. The controversies involved in each one of the said issues was different from each other. The parties have produced evidence oral and documentary, on each issue. The said issues, therefore, had to be decided separately after taking into consideration the evidence produced by the parties on those issues to avoid confusion. The Rule 5 of Order XX, CPC provides as under: "5. Court to state its decision on each issue.- In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the findings upon any one or more of the issues is sufficient for the decision of the suit. "