JETH MAL Vs. JAGDISH CHAND

JUDGEMENT

(1.) THIS revision is directed against the order dated December 18, 1979 whereby the plaintiff's application for deleting issue No. 11 was allowed and issue No. 11 was deleted.

(2.) THE facts giving rise to the present revision may briefly be stated as: the plaintiff respondent Jagdishchand filed a suit against the defendant Jethmal with the allegations that he had purchased the suit -property on 9 -2 -1978 from Shree Jaisalmer Lodravpur Parshavnath Jain Shwetamber Trust, Jaisalmer through a registered sale deed and the defendants were informed by the President and the Joint Secretary of the Trust through notice dated 9 -2 -1978.

(3.) THE plaintiff moved an application for deletion of the aforesaid issue on the ground that issue No. 11 is not relevant as the plaintiff has come with the case that he had purchased the property from the trust and the defendant has become his tenant on account of transfer of the title in favour of the plaintiff. The learned Civil Judge allowed the application and deleted issue No. 11. Dis -satisfied with the order of the learned Civil Judge, the defendant No. 1 has preferred this revision.