PAMAN DAS Vs. RAMJYOT DEVI MANGAL

JUDGEMENT

(1.) Aggrieved by the order dated 2.12.2013, passed by the Civil Judge (S.D.), Beawar, whereby the learned Magistrate has dismissed an application filed under Order 6 Rule 17 read with Section 151 CPC, the petitioner has approached this Court.

(2.) The brief facts of the case are that the respondent-plaintiff, Smt. Ramjyot Devi Mangal, filed an eviction suit against the petitioner on the ground of default of payment of rent. According to the respondent, she had rented out a hall along with an adjacent room and verandah on the ground floor out of the property which belonged to her, situated in Ward No.24, House No.15, also known as Mangal Bhawan. The said premise was rented out for an amount of Rs. 225/- per month. She also claimed that a flour mill was also erected in the hall of the rented premises and is part of the rented property. According to her, the possession of the said property was given to the petitioner on 7.4.1982 through an oral agreement. However, from 18.9.1987 till 9.9.1990, the petitioner failed to pay the rent amount. Therefore, she had filed an eviction suit on the ground of default of rent as well as on the ground of bona fide necessity for her sons and on the ground of continuous nuisance.

(3.) The petitioner filed a written statement and denied the averments of the plaint. Subsequently, the petitioner noticed certain facts, which he wanted to bring on record by way of amending the written statement. Therefore, he filed an application under Order 6 Rule 17 read with Section 151 CPC. However, by order dated 2.12.2013, the learned Magistrate has dismissed the said application. Hence, this petition before this Court.