BINAY KUMAR MODI Vs. SMT. UMA DEVI

JUDGEMENT

(1.) Aggrieved by order dated 20.08.2015 in Title (Eviction) Suit No. 61 of 2005 whereby, application dated 28.05.2015 seeking permission to examine the plaintiff as a witness in the eviction suit has been allowed, the present writ petition has been filed.

(2.) Counsels appearing for the parties do not dispute that the plaintiff has yet not been examined in the eviction suit though, on 20.08.2015 the Trial Court permitted the plaintiff to examine herself as a witness.

(3.) The petitioner is defendant in Title (Eviction) Suit No. 61 of 2005. The suit was instituted for eviction of the defendant from the suit schedule property. The suit schedule property is a shop measuring an area of 45 x 9 ft. The defendant appeared and filed written statement disputing the landlord-tenant relationship. The defendant specifically pleaded that on 16.01.1990, plaintiff took Rs. 50,000.00 in cash from defendant as sale consideration for the Schedule-B property. The defendant contended that after the agreement between the parties, plaintiff never asked rent for the said premises since 1990. In the pending suit an application dated 28.05.2015 was filed for seeking permission to examine the plaintiff by recalling the plaintiff's evidence. The said application has been allowed vide order dated 20.08.2015. Aggrieved, the petitioner has approached this Court.