MANJU PATHAK Vs. MUNSHI SINGH GURJAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed challenging the order dated 26/09/2018 passed by 12th Civil Judge, Class-I, Gwalior in Civil Suit No.35-A/2015, by which the application filed by the petitioner/defendant under Section 151 of CPC has been rejected.

(2.) The necessary facts for the disposal of the present petition in short are that the respondent has filed a civil suit for eviction and arrears of rent claiming that there is a relationship of landlord and tenant between the respondent and the petitioner. In the plaint itself, an alternate prayer has also been made that in case if the trial Court comes to a conclusion that the landlord and tenant relationship do not exist, then the respondent/ plaintiff is entitled to recover the possession on the basis of title.

(3.) Paragraph 12 of the plaint reads as under:-