GUPTA AGENCIES Vs. RAM KRISHAN AKAR

JUDGEMENT

(1.) THE revision petition No. 744/2000 has been directed by petitioner-defendant in a suit for eviction against the order dated 31.5.2000, whereby the application under Order 11 Rule 12 CPC has been dismissed by the trial Court.

(2.) THE other revision petition No. 745/2000 has been directed by petitioner- defendant against the order dated 15.5.2000, whereby the application under Order 11 Rule 14 CPC has been dismissed by the trial Court.

(3.) THE suit was filed by the plaintiff for eviction from the premises in question on the ground of bonafide necessity. The premises in question consisting of a shop with tin-shed. The present petitioner had taken a plea in the defence that plaintiff had sufficient rooms and accommodation in the said house where the present premises is situated and also let out certain rooms which had fallen vacant. The defence of the petitioner was that sufficient accommodation is available with the plaintiff. The petitioner to prove that sufficient accommodation was available with the plaintiff had desired the plaintiff to provide the particulars of the building which was occupied by plaintiff with its measurement. It was also desired that the map of the same house be also produced and submitted before the court for perusal. The plaintiff stated that there is hardly any necessity for production of the map of house in possession of plaintiff.