VISHWANATH Vs. LAKHPAT RAI

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the order Annexure-6 dated 17. 7. 2004. The grievance of the petitioner is that his application under Order 7 Rule 11 CPC based on the ground that in the earlier suit No. 25/1985 filed by the non-petitioner plaintiff a decree for redemption of mortgage and possession of property in dispute had been prayed for an vide judgment and decree dated 30. 5. 2000, the decree for redemption for mortgage had been passed, however, the decree for possession has not been passed on the ground that petitioner was the original tenant of the mortgagor of the property in dispute which is the plaintiff-non-petitioner herein and as such on redemption of mortgage, the tenant continued to be the tenant and could not be evicted save in accordance with Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. It is contended in the application that present suit which has been filed for eviction is based on the grounds under Section 13 of the Act of 1950 is not maintainable since the non-petitioner has already prayed for possession of the property in earlier suit numbered 25/1985.

(2.) ANOTHER application was filed under Section 151 CPC wherein the defendant prayed that he may be permitted to file certified copies of the rent receipts, the originals of which have been filed in the earlier suit No. 25/1985 and photostat copies of which have been filed along with the written statement. The said application was refused by the learned trial Court.

(3.) IN view of the aforesaid, this writ petition is disposed of, as indicated above whereby the order dated 17. 7. 2004 passed by the learned trial Court is upheld except on the application under Section 151 CPC which stands modified. The petitioners would be allowed to produce the certified copies of the rent receipts which would be taken on record. The writ petition is consequently disposed of. The stay order stands vacated and the stay application is also disposed of. .