IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4986 OF 2008 (Jairam Maharaj Magas Wargiya Vastigruha, Khamgaon vs. Smt. Sushilabai Radheshyam Mishra) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 03, 2008. Heard Shri Puranik, learned counsel for the petitioner – defendant. The contention is that the issue in relation to quantum of rent ought to have been framed because the plaintiff earlier had claimed that rent is Rs.1,100/- and the issue is still pending. In the issues as framed in the suit is shown by the learned counsel. Issue No. 2 cast burden upon the respondent – plaintiff to prove that the defendant is habitual defaulter in payment of rent. The question about the quantum of rent, therefore, is covered by said issue and it is open to the petitioner – defendant to point out the correct rent and to dispute it while leading evidence on that issue. The Court below has correctly considered the controversy. I do not find any jurisdictional error in the matter. Writ Petition is dismissed. No order as to costs. JUDGE *GS.