GHANSHYAM DAS AGARWAL Vs. RAM CHANDER

JUDGEMENT

(1.) This revision is directed as against an order dt. 9-2-1988 by virtue of which application for making additional issue so far as it relates to Issues Nos. 10 and 11 was rejected. Issues Nos. 10 and 11 in terms raise question of title and they are quoted as under :-

(2.) In the present revision notice was issued at the admission stage. Since parties are represented and counter and rejoinder affidavits having been exchanged this revision is being disposed of finally at the admission stage itself.

(3.) The main contention on behalf of the applicant was that the trial court should not have rejected the said two issues since the question regarding transfer of title by the erstwhile landlord to the transferee by means of sale deed dt. 9th Aug. 1983. was pleaded to be illegal. It was urged, since question of title was specifically raised such an issue should have been framed. On behalf of the respondents it is urged that earlier the matter came up for consideration before this Court when amendment to the pleading was made on behalf of the applicant by virtue of which dispute regarding title of the disputed accommodation was specifically raised and such an amendment was rejected by means of order dt. 13th Feb. 1986, against which a revision (Civil Revision No. 524 of 1986) was preferred before this Court and this Court by means of judgement and order dt. 19th March, 1986, also rejected the revision of the applicant. When the finding has been recorded in the aforesaid revision the present applicant Ghanshyam Das Agarwal cannot be heard to raise the same issue again. It has not been disputed that that order has become final between the parties. It was urged that the said finding has been recorded while rejecting the amendment sought. Thus, it would not exclude the applicant from raising such a plea on the residue of the pleading where he has already pleaded, disputed the title, and refusing to permit such an issue would amount committing an error of jurisdiction.