P.C. Jain, J. - (1.) This revision petition under Section 115 of the Code of Civil Procedure , 1908 is directed against the order dated 15.2.1997 passed by the learned Additional District Judge No. 1, Jodhpur whereby the learned Addl. District Judge dismissed the cross-objections filed by the plaintiff-petitioner being barred by time.
(2.) The plaintiff-non-petitioner filed a suit for ejectment on the grounds of defaults and reasonable and bona fide necessity; as also for arrears of rent and for enhancement of rent (fixation of fair and standard rent) on 2.1.1979. The case of the plaintiff-non-petitioner is that the defendant-non-petitioner took the suit shop on rent on 1.3.1964 by executing a rent note on a monthly rent of Rs. 92.50P. Later on, the non-petitioner increased the rent to Rs. 115/- per month. The petitioner further pleaded that on 1.1.1962, the monthly rent of the disputed shop was Rs. 70/- and, therefore, the rent may kindly be increased to Rs. 175/- per month.
(3.) While deciding Issue No. 7, the trial Court did not give any reasons. However, it held that as monthly rent of Rs. 115/- was agreed between the parties, no interference is required. Thus, the trial Court refused to increase the rent but it passed the decree for ejectment against the defendant-non-petitioner.;