RATAN LAL Vs. KANHAIYA LAL

JUDGEMENT

(1.) THIS a revision petition under Section 115 CPC filed by the defendant-petitioner feeling aggrieved by the order dated 1.5.1998 passed by the learned Civil Judge (Jr. Division), Bhilwara in civil original suit No. 185/93 by which the application of the petitioner-defendant filed under Order 7 Rule 11 CPC has been dismissed.

(2.) THE plaintiff-non-petitioner filed a suit against the defendant-petitioner with the allegations that he let out shop on 1.4.1985 to the defendant. The plaintiff-non-petitioner stated that he has got three sons. He has made a partition between his sons and the suit shop has come to the share of his son Padamchand. Padamchand has been residing at Ahmedabad but his family resides at Bhilwara. He also stated that he delivered possession of the suit shop to his son Padamchand. The plaintiff sought eviction of the petitioner-defendant on the ground of reasonable and bona fide necessity of his grandson Mahendra Kumar who is son of Padamchand.

(3.) I have heard learned counsel for the petitioner and the learned counsel for the non-petitioner.