CHAUTH MAL Vs. SHESH MAL

JUDGEMENT

(1.) The revision petition has been directed against the order of learned Civil Judge (JD), Sheogani passed on 17.3.1999 in Civil Suit No. 1/96.

(2.) I have heard the learned Counsel for both the parties and gone through the record.

(3.) Plaintiff respondent Sheshmal filed a suit for eviction on the ground of default and reasonable and bona fide necessity in relation to shop. Defendant, who is the petitioner before me, filed his written statement in which he pleaded that on Kartik Sud I Samvat year 2051 only ground floor was let out to the defendant on a monthly rent of Rs. 400/-, therefore, he was a tenant of the suit premises from Samvat year 2051 and not for last 15-16 years as averred by the plaintiff. The trial court framed issues and allowed the parties to lead their evidence. When the case was fixed for defendant's evidence, he filed an application under Order 14 Rule 5 CPC for framing additional issue but by the impugned order the learned trial Court dismissed the application.