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1978 DIGILAW 350 (MP)

Patiram v. Devkinandan

1978-04-15

H.G.MISHRA

body1978
Short Note : 1. The facts essential for the purposes of this revision are as under :- That the plaintiff - non-applicant has filed a suit for ejectment against the defendant-applicant inter-alia, from a shop on the alleged requirement of starting business for his major son Prakash Chand. 2. That the defendant has, inter-alia, denied this allegation and also pleaded that the motive of the plaintiff is to get enhanced rent and pagri by re-letting the shop. 3. The defendant applied under Order 14, rule 5 C.P.C. for raising of two additional issues viz. :- (1) Pertaining to the motive of the plaintiff to rent out the suit on higher rent after taking pagri, and (2) Suggesting that issue necessitating the trial on the point whether Prakash Chand is major or not should be framed. Held : I am of the opinion that the first issue suggested, is covered by the existing issue No. 1 (a). No fresh issue is needed. In rebuttal of the existing. In issue evidence regarding the alleged motive of the plaintiff appellant can be led by the defendant applicant. 4. As to the second issue suggested there is force in the argument. The learned Civil Judge appears to a have over-looked the various ingredients of section 12 (1) (f) of the M. P. Accommodation Control Act, 1961. One of the essentials to be proved in order to succeed in a suit on this ground is that the requirement must be for continuing or starting business of major son of the landlord. The plaintiff has already alleged in the plaint that Prakash Chand is major. But the defendant has denied this fact and has alleged that Prakash Chand is minor. Therefore, the trial Court acted in flagrant violation of the law when it rejected the application moved by the defendant for raising an issue on the point whether prakash Chand is major or not. Without raising a separate issue the desired result can be brought about by adding one word ‘wayask’ (major) in the existing issue No. (1) Before the word 'Putra' (son) occurring in the issue so that the matter whether Prakash Chand was major at the time of institution of the suit or not, may be gone into. Revision partly allowed.