SHESHMAL Vs. MAAN MAL

JUDGEMENT

(1.) This revision petition under Sec. 115 of the Code of Civil Procedure , 1908 is directed against the order dated 15.2.1997 passed by the learned Additional District Judge No. 1, Jodhpur whereby the learned Addl. District Judge dismissed the cross-objections filed by the plaintiff-petitioner being barred by time.

(2.) The plaintiff-non-petitioner filed a suit for ejectment on the grounds of defaults and reasonable and bona fide necessity; as also for arrears of rent and for enhancement of rent (fixation of fair and standard rent) on 2.1.1979. The case of the plaintiff-non-petitioner is that the defendant-non-petitioner took the suit shop on rent on 1.3.1964 by executing a rent note on a monthly rent of Rs. 92.50P. Later on, the non-petitioner increased the rent to Rs. 115.00 per month. The petitioner further pleaded that on 1.1.1962, the monthly rent of the disputed shop was Rs. 70.00 and, therefore, the rent may kindly be increased to Rs. 175.00 per month.

(3.) While deciding Issue No. 7, the trial Court did not give any reasons. However, it held that as monthly rent of Rs. 115.00 was agreed between the parties, no interference is required. Thus, the trial Court refused to increase the rent but it passed the decree for ejectment against the defendant-non-petitioner.