GHANSHYAM CHANDIL Vs. SMT. RAMKATORI AGRAWAL

JUDGEMENT

(1.) With consent, heard finally.

(2.) The present civil revision under section 115 of CPC has been preferred against the order dated 8.1.2018 passed by 5th Additional District Judge, Morena in Misc. Civil Appeal No. 45/2017, confirming the order dated 26.9.2017 passed by 4th Civil Judge Class-I, Morena whereby the Trial Court dismissed the application under Order 9, Rule 13 r/w section 151 of CPC.

(3.) Precisely stated facts of the case are that the plaintiff (respondent herein) filed a suit for eviction through power of attorney holder. Suit was filed on the allegations that plaintiff is owner of the suit premises and inducted the petitioner/defendant into the suit premises as a tenant on rent of Rs. 2,500/- per month by executing a rent agreement. As per the allegations, defendant stopped giving rent to plaintiff since 1.7.2009 in violation of rent agreement, therefore, taking this plea as well as other grounds, suit was filed.