MURARILAL SHARMA Vs. ASHOK KUMAR GARG

JUDGEMENT

(1.) Heard finally with the consent of both the parties at the motion stage.

(2.) In this petition under Article 227 of the Constitution of India, petitioner has assailed the validity, legality and propriety of the order dated 26/08/2019 passed in Civil Suit No. 91-A/2018 by the 2nd Civil Jude Class-II, Morena (M.P.) whereby application under Order 14 Rule 5 of the CPC for framing additional issues on the basis of pleadings of the parties has been rejected.

(3.) Brief facts leading to filing of this case are that respondent/plaintiff has filed a suit for eviction and recovery of unpaid rent. It is pleaded that house in question was owned by Late Shri Goverdhan Das Garg and as per the oral partition between the plaintiff and his brother Shyam Sunder, the part of the house in which shop is being run by the the petitioner/defendant came in his share. The respondent/plaintiff further averred that on account of the aforesaid partition he became the tenant and was paying regular rent of the said shop. The respondent-plaintiff showed his bonafide requirement for the purpose of business of his son Vijay Kumar has sought eviction of the shop.