BABU LAL CHAUDHARY Vs. BIHARI LAL SAINI

JUDGEMENT

(1.) This revision petition is directed against the order dated 11.7.2000 of the learned Additional Civil Judge (Jr.Div.) West, Jaipur City in Civil Suit No. 292/99. Under this order the application filed by the defendant No. 2-petitioner under Order 23, Rule 3 of the CPC has been dismissed.

(2.) The facts of the case are that the plaintiff-respondent No. 1 filed a suit on 8.7.1999 against the defendants for permanent injunction with the averments that he took the shop in dispute on oral tenancy from one Bhojraj Singh, the father of defendant No. 1(herein the respondent No. 2) on 11.1.1987 on rent of Rs. 100/- per month. After the death of Bhojraj the rent was increased to Rs. 150/- per month. Plaintiff-respondent No. 1 was continuously paying the rent. The rent is stated to have been paid upto June, 1999. However, the rent offered to the landlord of the month of July, 1999, he refused to accept it and asked him to vacate the suit premises. Thus, in this factual backdrop the suit has been filed for permanent injunction restraining the defendant landlord from evicting the plaintiff-respondent No. 1 from the suit premises without due process of law.

(3.) Along with the suit, an application for temporary injunction has also been filed.