MAHESH CHAND JAIN Vs. INDRADEVI

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner challenging the impugned order dtd. 14/12/2016 passed by the Court of Senior Civil Judge cum Additional Chief Judicial Magistrate, Mahuwa District Dausa, in Original Civil Suit No.02/2015 titling as Indradevi and Others Vs. Mahesh Chand Jain, whereby the application under Order 14 Rule 5 of C.P.C. filed by the defendant-petitioner had been dismissed.

(2.) Facts in nut-shell are that an original civil suit was instituted by the respondents/plaintiffs with regard to eviction of the shop and amount of rent. The defendant-petitioner filed an application dtd. 5/5/2016 under Order 14 Rule 5 of C.P.C. (Annexure-4) with regard to issues framed, which was rejected, vide impugned order dtd. 14/12/2016. Hence, this writ petition before this Court.

(3.) Learned counsel appearing for the defendant-petitioner has submitted that the learned trial Court has committed serious illegality in dismissing the application filed by the defendant-petitioner. Counsel has further submitted that it has been stated in Para 2 of the suit that the respondent-plaintiff No.1 rented out her shop to defendant-petitioner from 10/3/1996 for a period of eleven-months on agreed amount of rent of Rs.3500.00 per month with an annual increment of Rs.100.00 in monthly rent. However, the present petitioner has stated in his reply to the suit that there was an agreement with regard to the shop, which was taken on rent and the defendant-petitioner had agreed to pay Rs.1000.00 per month as rent with an annual increment of Rs.100.00. Lastly, counsel has prayed that the impugned order be set aside and the application (Annexure-4) filed by the petitioner may be allowed.