LAWS(RAJ)-1975-7-16

SATYANARAIN Vs. BAJRANGLAL

Decided On July 28, 1975
SATYANARAIN Appellant
V/S
BAJRANGLAL Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional Munsif Bhilwara dated 16th of January, 1975, whereby he refused to issue commission for the examination of the three witnesses residing 200 miles away from the court house and further refused to issue process to the witnesses living within the limits of 200 miles from the court premises and thus closing the evidence of the defendant.

(2.) The plaintiff commenced an action for eviction of a shop and arrears of rent against the defendant-revision-petitioner alleging that the defendant was the tenant of one Smt. Sharda Devi who sold her right, interest in the said property in favour of the plaintiff by a registered sale-deed which fact was notified by her to the defendant by a written notice. The plaintiff claimed that he required the suit premises for carrying the business as he and his brother were carrying the business in a rented shop.

(3.) The defendant resisted the plaintiff's claim on various grounds and inter alia alleged that the premises were not required by the plaintiff bona fide and reasonably for carrying the business.