NEMICHAND Vs. RAMBABOO

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the trial Court thereby rejecting the application filed by the petitioner under Order 14, Rule 2, C.P.C.

(2.) A suit filed by non -petitioner No. 1 against the petitioner and non -petitioner No. 2 for eviction from a residential portion is pending before the Court below. The suit property came to the share of non -petitioner No. 1 under partition. The petitioner has been paying rent to non -petitioner No. 1. The non -petitioner No. 1 had stated in the plaint that the declaratory decree was also passed in his favour. The defendants have alleged that as the decree was unregistered, it could not be received in evidence and the plaint deserves to be rejected. The learned trial Court considered the application and has dismissed the same on the reasoning that even if the partition may not be accepted, non -petitioner No. 1 was accepted as a landlord by the petitioner and the suit could, therefore, proceed. The learned trial Court also observed that since the documents had been exhibited, the objection in that regard could not be entertained.