NAFEESA USMANI Vs. ANWAR JAHAN

JUDGEMENT

(1.) FEELING aggrieved by the order dated 16.5.2007 (Annexure P-6) passed by learned Sixth Civil Judge Class I, Bhopal in C.S. No. 63-A/05 whereby the application under Order VI Rule 17 CPC and another application under Order XIV Rule 5 CPC filed by the plaintiffs has been dismissed, this petition under Article 227 of the Constitution of India has been filed.

(2.) THE plaintiffs have filed the instant suit for eviction on the basis of relationship of landlord and tenant. Inter-alia one of the ground for eviction is that the defendant is not using the suit accommodation for a continuous period of six months immediately preceding the date of filing of the suit because after inserting the lock in the suit premises, she had gone elsewhere and is not residing in the suit premises. This averment has been made by plaintiffs in para 20 of the plaint. The defendant in her written statement specifically denied the said averment of the plaintiffs.

(3.) ON going through the amendment application, which has also been rejected by the impugned order, it is gathered that plaintiffs have filed this application praying therein that in case the relationship of landlord- tenant is not established, on the basis of title, the plaintiffs are entitled for a decree of possession. These two applications have been rejected by the learned trial Court by the impugned order.