BANK OF BARODA Vs. BUSHAN LAL GUPTA

JUDGEMENT

(1.) The order dtd. 12/9/2013, passed by the learned Additional District Judge, Jammu ( for brevity 'Trial Court') in application filed by the defendant/petitioner seeking re-casting of issue Nos. 2, 7 and 9 has been called in question in the instant writ petition and is sought to be quashed by exercising power under Article 227 of the Constitution of India, as the said order is stated to be against the principles of natural justice and illegal.

(2.) The plaintiffs/respondents has filed a suit before the Trial Court seeking ejectment of the defendant/petitioner from the suit premises which was obtained by the defendant/petitioner on lease and the said lease as per the plaintiffs/respondents was for a period of five years and the said lease was renewable at the option of the defendant/petitioner provided he exercises the right within the stipulated period, and in that event fresh lease deed was required to be executed. The claim of the plaintiffs/respondents was that the lease was not extended beyond the stipulated period of five years.

(3.) The defendant/petitioner while contesting the suit raised an objection regarding the maintainability of the suit in addition to other grounds that plaintiffs/respondents had filed the suit without any cause of action and they are entitled to remain in possession of the premises after expiry of five years, as per the agreement.