PARMANAND KOIRI Vs. GOURI SHANKAR GUPTA

JUDGEMENT

(1.) The petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for issuance of appropriate writ/order/direction for quashing the order dated 20.1.2011 (Annexure-5) passed by the learned Sub-Judge-1st, Jamtara in Title Eviction Suit No. 1 of 2010, whereby the petition filed on behalf of the petitioner-plaintiff dated 28.10.2010 was rejected. The facts of the case in nutshell is that the petitioner of this case filed a suit for eviction u/s. 11 r/w. 14 of the Jharkhand Buildings (Lease, Rent and Eviction) Control Act before the Subordinate Judge, Jamtara wherein the Respondent of this case filed written statement. The petitioner, thereafter, filed a petition for rejection of the written statement of the Defendant/Respondent and after hearing the parties, the same was rejected by the court below.

(2.) The learned counsel for the petitioner by referring the copy of the plaint which is annexed to the petition vide Annexure-1 pointed out that the petitioner-plaintiff has filed the suit under Section 11(1)(c) in substance and to that extent the averments have been made in the plaint.

(3.) The learned counsel for the petitioner further submitted that the court below failed to consider the pleading as a whole as the pleadings clearly indicate that it was filed on the ground of personal necessity. It is further submitted that although in the plaint the averments have been made with regard to the non-payment of rent the petitioner-plaintiff has confined his claim on the ground of the personal necessity. However, the court below did not appreciate the substance of the suit.