DINESH CHAND GUPTA Vs. GOVINDNARAYAN

JUDGEMENT

(1.) The instant petition under Article 227 of the Constitution of India has been filed by the defendant/petitioner assailing the order dated 20/08/2015 passed by the Senior Civil Judge, Dausa (hereinafter referred as "the learned trial Court") in Civil Suit No. 22/2000 titled as Govindnarayan v. Dineshchand , whereby the learned trial Court has dismissed the application filed by the defendant/petitioner under Order 6 Rule 17 of CPC.

(2.) Material facts necessary for disposal of this petition are that the plaintiff/respondent has filed a civil suit for eviction of the suit shops and recovery of rent against the defendant/petitioner on the ground of reasonable and bonafide necessity of the shops for his sons Sanjay and Pawan, default in payment of rent and material alteration in the rented premises. The defendant/petitioner filed written statement on 06/09/2001 denying the averments of the plaint.

(3.) After completion of the pleadings, the learned trial Court framed issues on 25/01/2012 and fixed the case for plaintiff's evidence. Plaintiff's evidence was closed on 01/09/2012 and the case was fixed for defendant's evidence. At the stage of defendant's evidence, defendant/petitioner filed the application under Order 6 Rule 17 read with Section 151 of CPC stating therein that the plaintiff/respondent has made construction of second and third floor over the shops in question and he put a sign board on these shops mentioning the fact that he wants to let out the newly constructed premises. The plaintiff/respondent filed reply to the application stating therein that the petitioner is having knowledge of this construction since the year 2008 and he also filed a suit under Section 24 of the Rent Control Act, 2001. He also stated that he did not construct the commercial premises over the shops in question, rather he got the construction for residential purposes. He further submitted that the defendant/petitioner filed the petition with intention to delay the suit proceedings and prayed to dismiss the application. After hearing learned counsel for the parties, the learned trial Court dismissed the application filed by the petitioner vide impugned order dated 20/08/2015. Being dissatisfied with the impugned order, the defendant/petitioner has approached this Court by way of this petition.