INDER CHAND Vs. LILAWATI

JUDGEMENT

(1.) :- This revision petition is directed against the order of learned Addl. Munsif and Judicial Magistrate No. 2, Jodhpur dated 7-11-1987.

(2.) Brief facts of the case are that the plaintiff non-petitioner ha filed a suit for ejectment on the ground of default in payment of rent and personal necessity. The petitioner defendant filed written statement. The interim rent was determined u/ S. 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act 1950. The non-petitioner-plaintiffs moved an application for striking off the defence of the petitioner, as he has committed default. The defence was struck off on 3/03/1986. The case was fixed for evidence of the defendant on 28-8-87 but the same was adjourned, as there was dispute that once defence had already been struck off evidence cannot proceed. The trial court was of the view that if the defendant is allowed to adduce evidence on the eviction other than default, then it would amount to reconsideration of earlier order of striking off defence dated 3/03/1986. The learned trial court also observed that the order dated 3/03/1986 was not challenged by the defendant anywhere as such it became final.

(3.) I have heard Mr. N. M. Lodha, learned counsel for the petitioner and Mr. M. L. Chhangani, learned counsel for the respondent and perused the record.