SUDARSHAN Vs. RAM BABU

JUDGEMENT

(1.) THIS revision has been directed against the order dated 25. 5. 1989, passed by Munsif and Judicial Magistrate, Baran, by which the said Court rejected the application of the defendant-petitioner for deleting Issue numbers 1 and 6. .

(2.) THE brief relevant facts giving rise to this revision are that the plaintiff non-petitioner filed a suit for eviction on several grounds including the ground of default in payment of rent. THE trial court determined the arrears of rent under Section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the 'act' ). Later on the trial court framed issues in the suit. Issue No. 1 is as to whether the defendant has committed default in the payment of rent? Issue No. 6 relates to the question as to whether the defendant No. 2 has been wrongly impleaded as a party in the suit and, therefore, the said defendant is entitled to damages to the tune of Rs. 500/ -. On 3. 2. 1987, the defendant-petitioner submitted an application for deleting Issue Nos. 1 and 6. This application was rejected by the trial court vide its order dated 25. 5. 1989. Being aggrieved with the said order, the defendant-petitioner has filed the present revision application.