PARASMAL Vs. RAGHUVEERSINGH

JUDGEMENT

(1.) The applicant/plaintiff has filed the present revision u/s. 115 of the C.P.C. against the order dated 20.12.2017 passed by 5th Additional District Judge, Ujjain in Civil Appeal No.16-A/2017 by which his application under Order 23 Rule 1 of C.P.C. seeking withdrawal of civil suit has been dismissed.

(2.) Facts of the case, in short, are that the applicant/plaintiff filed the suit for declaration and permanent injunction against the respondents/defendants. According to the plaintiff, the defendant No.1 is an owner of Shop No.11, Guru Nanak Market, Ujjain and he is tenant therein since 1984 and regularly paying the rent @ Rs. 455/- per month. The plaintiff has alleged that the defendants are trying to evict him forcibly so that they can give the shop on higher rent to some other person and for the same, they are taking assistance of antisocial elements; there is a relationship of landlord and tenant between them, therefore, he cannot be evicted forcibly. Plaintiff served a legal notice on 28.1.2015. In reply to the said legal notice, the defendants have denied the tenancy. The plaintiff filed the suit (Civil Suit No.60-A/2015) seeking declaration that he is tenant in the shop in question and the defendants be restrained to evict him forcibly.

(3.) The aforesaid suit was filed on 2.2015. The learned trial Court dismissed the suit by recording the finding that the plaintiff is tenant in the suit shop since 1984, but at present, he is not possession thereof and the defendants are not trying to evict him by force, but they are adopting the procedure under the law by filing a civil suit. Para 13 of the said judgment is reproduced below :-