RUPA RAM MALI Vs. SAKHA RAM KUMHAR

JUDGEMENT

(1.) The petitioners have preferred this writ petition praying for the following reliefs:-

(2.) The bone of contention is that the framing of issue in an eviction suit where the petitioners are landlords and the respondents are tenants. The petitioners moved an application under Order 14, Rule 5 CPC for deletion of issue no.4 which reads as follows:-

(3.) Learned counsel for the petitioners submits that since the suit is essentially for eviction of the tenant, therefore, the issue no.4 as quoted above will fundamentally change the nature of the suit and the focus of the proceedings will be the title of the petitioners, which cannot be permissible under the law.