RADHEY SHYAM Vs. MANNA LAL

JUDGEMENT

(1.) The present petition has been filed by the petitioner-defendant-appellant challenging the order dated 6.5.15 passed by the Addl. District & Sessions Judge No.3, Beawar, District Ajmer (hereinafter referred to as 'the appellate court') in Civil Appeal No. 28/12(73/89), whereby the appellante court has rejected the application of the petitioner filed under Order XLI Rule 27 of CPC.

(2.) It appears that the respondents-plaintiffs had filed the suit seeking eviction of the petitioner-defendant under the provisions of the Rajasthan Rent Control Act, 1950 on the ground that the petitioner had made default in the payment of rent and on the ground that they were in bonafide requirement of the suit premises. The said suit was decreed by the Rent Tribunal vide the judgment and decree dated 8.2.82 believeing the bonafide necessary of the respondents-plaintiffs. Being aggrieved by the same, the petitioner had filed appeal before the appellate court which is pending for final disposal. During the pendency of the appeal, the petitioner had filed an application under order XLI Rule 27 of CPC seeking production of the sale-deed dated 12.11.14 executed in favour of Smt. Rampyari wife of the present respondent No.3. The said application has been dismissed by the appellate court vide the impugned order, against which the present petition has been filed.

(3.) It is sought to be submitted by the learned counsel Mr. J.P. Gupta for the petitioner relying upon the decision of the Supreme Court in the case of Union of India Vs. Ibrahim Uddin & Anr, 2012 8 SCC 148, that the appellate court was required to decide the said application alongwith the appeal and could not have rejected the same pending the appeal.