VINOD KUMAR GARG AND ORS. Vs. MUNNALAL SINGHAL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India by defendants'/tenants' is directed against the order dated 23/01/2015 passed by the trial Court. Application under Order VI Rule 17 CPC filed by the defendants'/tenants' has been rejected.

(2.) EVICTION suit has been filed by the plaintiff on the ground of bona fide need seeking eviction of the defendants' from the non­ residential suit property.

(3.) THE aforesaid application was replied by plaintiff and denied the allegations. It is submitted that as a matter of fact, the aforesaid shop is not of the ownership of the plaintiff instead the same is of his brother, namely; Govardan's ownership. This fact is also mentioned while describing the suit shop in the map attached with the plaint by the plaintiff. To the same effect stated in the statement on oath filed under Order XVIII Rule 4 CPC. Hence, the aforesaid application is not bona fide in nature and only with an intention to delay the proceedings.