an^rw ft-f(<* '^TSTT 3TR?T sRTfT^ 3'sq' .<<iqi0<<, yTfl«4ls,Rwiuy W^V\1 **<|sb ^f ^gs/^ooC. ^ 200 ani?r iraq; C^?f^5?T) ^<llW -yf^a 3n^T PETITCONER/ r'iaSHTiTT RESPON&ENT fWrit Petitior. under Ai'ticle 226/227 of the Constitution of Irsdia) Sinaie Bench i-1- This is an application Leorned counse! for even this hss not been ta|<< ^ccordingiy, the applitjati< the petitioner' on adinissi^n. The petitioner clcifflihq Breferred this wr-it petition c< 4 Cly'! Judgs CSoss-II, Raig^irh iicction of the oetitioner tien of the Code of Civil Pnicedtre CM^t<y1*f1l *1M^ff^^^ <Pfl^K ^aifinsil^r Nircnjan Lal Aqrawal, S/o Bhoiaram Aqrowal, R/'o Muhuqanli Road, Trfisil Khursiya, Distt'iet Raiqarh (CG\ RQO Mar'ata. S/o Bittu Rso AAarata. R/o Piche Khtirsiya, Tuh^il l^iQi^iya, Di^trlct RQiqarh (C6). Hwsbie Shri Justice L.C. Bhadoo Heard Shri Anand Kesliarwani, counse! for the petitioner. fbr urgent hecrino. t|ie petitioner submits that this petition is of 2006 iken uo for admission. itjation (I.A.No.2) is aliowed ond heard leorned counsel !i()n. himself to be laidlord of the respondent had bnder Articie 226/227 of the Constitution of Indis yy"' • '* whffr'^hv lea^n'ftri Civll ,T<jf|flie nQr+K/ nl|nijvtf>r3 tho herein for cmendment of issues under Order 14 Rule {forshort "1-he Code°). bn^8iHC-a78 iiis»SSi"a-® an^i ?!T r<;-<i.=b W SV^V S»ll°B g:CTT '^W^>^, (?Tfl+i'i<o, Rciiuy ^Wcil (b*11cb W^ 200 sn^v vi^! (ipf^g^tr) TOIIW^fCT 311^1 The brief fccts leoding petitioner claimina himself to be the Court below for arrears of ii Written statement has been fi!ei lcndiord tenant between the parti iosed on t.he Dleadinas of'i the appljcQtion under Order 14 R decided by the impugned order. Havinq hecird leGrned impugned order, plaint, written ? to fiiing of this writ petition sre thot the liandlor'd of the disouted pnsoerty filed a suit in [ent and eviction against the respondent herein. by the respondent denying the retationship of |es. Ithe porties, issues were frsmed and thereaftsr fcjie 5 of the Code for amendment of isgues wafi co^insel for the petitioner, I have perused the l-0tement as also the issues froroed by the tr-ia! Aa fcr ae auestion of d concerned, that hos riqhtly been tencncy. titie of the croperty regardiRg the titie of the orocerl As far os the findino of concerned, the same hwe been statemeot. It is sdmitted oositii the suit aaainst the non-cayment of rent, Mihereos th< that the propertv betonos to h crooerty in fwour of the plaintif *l<<tfl41"1 'WRff 'If.'f%^t <.fat<;l< •^; affipr SIT^I [slsting issue hio.l by the impinned order is [jeieted for the recson that it is a suit based on |s not to be decided whereas issue No.l was ^/, thes'efore, it has r'ightly been deieted. the trial Court r-egording issues No.4 <S 5 is Iframed based on the pleadings of the written |in thot the pSaintiff/oet'itioner herein has filed herein on the bosis of relationshiis of |d of personol necessity, deniai of title as aiso defendant/respondent herein has raised a pies |s fcther-in-icw Ksrmaha, who moftQaaed •the F and the amount was returned to the olamtiff. ^^ S t*- ^ s /" 3TI^T '^H' f<'11°h 'cTt?T 3TI^T ^RT^ 75^1 ^|.q|<»><<, giTfl'M'IS, (qWltiy KIHdl **11<* WI, 200 an^?T IRW Cpf^aRW) TOIIWgfeTCT^t but no deed was executed. Ther^ have been framed that whether defendant who mor'taaQed the niortqcaied amour!t has been retul Jhess issues are unnecesssrv is based on 1+ie relotionshjo of piaintiff faiis to estabiish the rel ciismisse.d. It is the settled lowl titie of the Bropertv caRnot be d4 regardin9 non deieting issues N[ jhned bv Ksr-maho to the plaintiff with interest. be<jause the cose of the piaintiff/petitiorier herein taddlord tenant and it is not the title suit. If the Itrtionship of tandior-d tenant then the suit wi!i be that in an eviction suit based on tenoncy, the i^cided. Therefore, the findinq of the tric! Court Nb.4 & 5 is perverse and same is liable to be Issue No.8 is not correcth) parties. In place of issue No. issue whether the disputed ourpose of construction of new ths structure standina on the saitj In DO'G 8-A of the DJaintl denied the tit!e of the eiaintil 7>]erefore, on the or'ound of den) the issues in the fo'lowing forin:| eviction on the oround that the rl in the brocerty in guestion. cft)*)[d<4il 'RTR^Tf '^\1^T3t' •(R'R^Tl ^aiRlHsll^r ;fore, on the t the house be is of pleadinqs, issues No.4 & 5 to 1+ie father-in-isw of 1+ie framed in accordcnce with the plscdinQS of the lecrned tria! Court ouaht to have frcnied the prehlises are reauired bv the petitionei" for 1+ie on the land in question aftsr demoiition of it has been mentioned that the defendant has Ff that he is not G tenant of the blaintiff. kil of title the trial Court ouqht to hme framed iwhether the piaintiff is entitled for decree of iSDondent has denied the titie of the petitioner- ^-jge!^^,.^ i)s,a.XyHCS^78 3'^^rraT^r, ^Tf1<H'i<s, Ri<rtiyy *<IMdl *^l«b •V^ 200 sn^v -VRISK (4<*ll«i<ff) sn^r ?ir R;-f 'cfSTT SJT^T fli+iict) \ . ?'siiwgfCT sn^i In the circumstsnces, tH sdditional issues. to delete issu^s petition is beino decided withol issucnce of notice wouid further ths Court below. Moreover, the the costs. Still if the responde liberty to move an cpplication for The petition is disposed of |e tr-lal Court is dir-ected to frame these 2 No.4 <& 5 and pr'oceed with the triai. The <ut issuance of notice to the respondent, ss <|lelay the proceedinqs of the suit pending before Irespondent shcl! be unnecessaritv saddled wlth ;|it feete agar-ieved by this order-, he wi!! be at hodification of this order. laccor'dinqh'. <^1'4f<il4lTI TTFI^f '^,'f^1^ <f<q^l< i? STfilT 311^1 Sd/- L.C. Bhadoo Judge