UGAM RAJ Vs. CIVIL JUDGE SD SOJAT CITY

JUDGEMENT

(1.) BY this petition for writ a challenge is given to the order dated 19. 2. 2005 passed by learned Civil Judge (Senior Division), Sojat City in Civil Original Suit No. 62/1990 (51/2001), Gautam Raj & Anr. vs. Ugam Raj. BY the order impugned dated 19. 2. 2005 the Court below decided issues No. 1, 11-A, 11-B and 11-C framed while adjudicating the suit for eviction from premises filed by the respondent plaintiffs.

(2.) THE plaintiffs respondent No. 2 and 3 preferred a suit in the year 1990 before the competent civil Court seeking decree against the petitioner defendant for eviction from premises rented and for recovery of rent. After filing of written statement by the petitioner defendant the Court adjudicating the suit framed 12 issues. Three additional issues numbered as 11-A, 11-B and 11-C were framed by the Court below as a consequence of acceptance of an application preferred by the petitioner defendant under Rule 17 Order 6 CPC for making amendment in the written statement. THE additional issues so framed read as under:

(3.) NO reply to the writ petition is filed by the respondents plaintiff. However, a preliminary objection is raised to the effect that the petitioner defendant cannot be permitted to maintain the writ petition on the principle that a person cannot both approbate and reprobate. It is contended by Shri Vikas Balia, Counsel appearing on behalf of the respondents NO. 2 and 3 that issues NO. 11-A, 11-B and 11-C were framed as a consequence of an application preferred by the defendant to amend written statement and it was the case of the petitioner defendant that the Act of 1950 would not apply and the suit is required to be decided by application of the provisions of Transfer of Property Act.