MOHSINALI MARCHANT HAZI IBRAHIMBHAI Vs. FAZALHUSSAIN GULAMALI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 11-2-1988 passed by the District Judge, Ujjain in C. S. No. 8-A 1985, whereby the interim application No. 10 filed Under Order 8, Rule 9, Civil Procedure Code was disallowed by the learned District Judge.

(2.) THE facts leading to this revision petition, in short, are that the respondent in the present petition has filed civil suit against the present petitioner for taking back the possession of the house on the ground that the defendant-petitioner is a licensee in the house and the house is of the ownership of the plaintiff. The house was given to the defendant by the plaintiff in view of their cordial relations and partnership in the business. However, later on their relations became strained and, therefore, after revoking the licence, the plaintiff wanted the possession of the suit house from the defendant.

(3.) THE defendant resisted the suit raising multi-pronged pleas including a plea that the suit house was given by way of oral gift to the defendant and has also pleaded that with the consent of the plaintiff he has spent a substantial amount on the repairs of the house. After filing the written statement, the defendant moved an application Under Order 8, Rule 9, Civil Procedure Code making a prayer therein that the plaintiff be asked to file a rejoinder in respect of the averment made in the written statement by the defendant.