BRAJESH KUMAR Vs. ABHISHEK JAIN & ANR.

JUDGEMENT

(1.) THE present petition filed under Articles 226 & 227 of the Constitution of India has been preferred by the petitioner, challenging the order dated 11th July, 2013 passed by the Rent Control Tribunal, Bara (hereinafter referred to as 'the Tribunal'), in Eviction Petition No. 4 of 2012, whereby the Tribunal has rejected the application of the petitioner for framing the additional issues as proposed by him in the application filed under Order 14 Rule 5 of Code of Civil Procedure, 1908. In the instant case, the respondent -plaintiff had filed the suit of eviction against the petitioner -defendant, in which the Tribunal had framed the following two issues: -

(2.) THE petitioner -defendant filed an application requesting the Tribunal to frame the additional issues as contained in the said application. The said proposed issues were as under: -

(3.) IT has been sought to be submitted by the learned Senior Counsel Mr. M.M. Ranjan for the petitioner that the respondent plaintiff was not the owner of the suit premises as his father himself was not held to be the owner in the order passed by the District Court in the earlier proceedings. According to him, the subsequent family settlement relied upon by the respondent -plaintiff was not genuine, and therefore the additional issues were required to be framed.