BABULAL GUPTA Vs. SITARAM SON

JUDGEMENT

(1.) IT appears that the defendant/tenant was occupying large premises on a particular rent. The said premises were sold to different persons by the earlier landlord. In the suit for eviction filed by one of the landlord, the defendant raised various pleas including the plea relating to apportionment of the rent, maintainability of the suit and as to what portion has fallen in the ownership of the plaintiff. The Court below refused to frame the said issues.

(2.) AFTER hearing the parties, this Court is of the opinion that issues relating to the property purchased and its extent by the plaintiff is required to be framed by the Court below. Similarly the question relating to apportionment of the rent and liability of the defendant for payment of the rent to the plaintiff is also required to be cast. As the pleadings were already raised by the defendant and the same go to the very route of the case and would have material bearing on the decision of the suit, the Court below could not refuse to cast the issues.

(3.) THE petition is allowed. No costs.