UDAICHAND Vs. SURAJMAL

JUDGEMENT

(1.) THIS is a Revision application by the defendant against an order of the Senior Civil Judge, Churu refusing to frame two issues.

(2.) THE plaintiff-respondent brought a suit for recovery of arrears of rent and ejectment against the applicant on the allegation that he was the tenant of one Bhoordas from whom he had purchased the premises by a registered sale-deed dated 17-5-1965. It was alleged that the applicant had executed a rent note in favour of Bhoordass who was the owner of the property. THE suit was contested inter alia on the ground that Bhoordas had no right to alienate the property firstly because he was not Chela of Addoram who was the previous Mahant of Dadoo Samaj and secondly because the alienation was not justified by legal necessity. It was prayed on behalf of the applicant that issues should be framed on the question as to whether Bhoordas was the Mahant of Dadoo Samaj, and if so, whether there was legal necessity for the alienation. THE trial court declined to frame these issues. Having heard the learned counsel for the parties, I am satisfied that the order of the trial court is proper.