JOGINDER PAL Vs. RAJ RANI

JUDGEMENT

(1.) This revision petition is directed against the order dated 27-9-1994 passed by the sub-Judge IInd Class, Patiala on an application filed by the defendant-petitioner under Order 14, Rule 5 read with S. 151, C.P.C. for framing additional issues. The petitioner is aggrieved by the impugned order because the learned Sub-Judge has dismissed his application.

(2.) Brief facts of the case are that the plaintiff-respondent has filed a suit against the defendant-petitioner for possession of the property in dispute as well as for mandatory injunction. In the plaint, it has been alleged that the respondent is the owner of the property No. 839 which was given to the petitioner as a licencee. Defendant-petitioner has contested the suit by alleging that the plaintiff-respondent does not have any right over the property in question. He has pleaded that the plaintiff-respondent is not the owner of the property. The property is an evacuee property belonging to the Rehabilitation Department and as the defendant-petitioner is living in the disputed property since the year 1944, he has acquired a right to continue in possession. It has also been pleaded by the defendant-petitioner that earlier to the filing of suit, the plaintiff-respondent filed a petition u/S. 13 of the Punjab Rent Restriction Act, 1949 but got it dismissed in default when the defendant-petitioner raised an objection to the maintainability of the application on the ground that relationship of landlord and tenant did not exist between the parties.

(3.) On the pleadings of the parties, the trial Court f'ramed the following issues: -