KALPANA NAVNEET SAMARTH Vs. SEEMA ARUN MANKAR

JUDGEMENT

(1.) The question that arises for consideration in this writ petition is whether the sequence of cross-examination of a witness is to be determined solely on the basis of the pleadings as raised or whether the stand taken by that party till the stage his evidence is to be recorded has to be taken into consideration.

(2.) The petitioners are the original defendant nos.2 and 3 in the suit that has been filed by the respondent no.1 herein. It is the case of the plaintiff that she is the owner of an open plot admeasuring about 30 meters X 15 meters. The said plot was given on monthly lease to the defendant no.1 in October-1993. As the plaintiff was in need of that open plot she terminated the tenancy of the defendant no.1 by issuing a notice on 28.07.2011. The defendant no.1 admitted the tenancy with regard to the open plot. It was pleaded that the defendant no.1 had entered into a partnership with the defendant nos.2 and 3. Those defendants were carrying on business on the said open plot in the capacity of sub-tenants. On the basis of this the plaintiff filed the aforesaid suit for eviction of the defendant no.1 and the defendant nos.2 and 3 jointly and severally.

(3.) In the written statement filed by the defendant no.1, the description of the suit property as an open plot was not disputed. It was further not disputed that rent payable was Rupees Five Thousand per month when the suit was filed. The defendant no.1 admitted that he was not running any business and with the defendant nos.2 and 3 in partnership were undertaking a restaurant on the suit property.