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2008 Supreme(Pat) 1501

MIHIR KUMAR JHA
Alka Singh – Appellant
Versus
Syed Sayeeduzmma Rizvi – Respondent


Judgement Key Points

Key Points: - Eviction suit filed in 2005 on ground of personal necessity for manager's office in building with apartments and shops [8000236710001] (!) - Defendant questioned personal necessity in written statement, alleging suit filed due to rent refusal and pattern of evicting for higher rent/pagari (!) (!) (!) - Interrogatories filed by defendant after plaintiff closed evidence and during defendant's evidence, seeking details on prior tenancy of Ranchers company, eviction, rents, and current tenant (!) (!) (!) [8000236710003][8000236710004][8000236710005] - Trial court rejected interrogatories as irrelevant to framed issues (!) - Interrogatories held belated, beyond defendant's case, and not reasonably connected to matters in question per Order 11 Rule 1 CPC; cannot test credibility like cross-examination (!) (!) (!) [8000236710006] - In personal necessity eviction, defendant can question necessity but inquiries into prior tenants, evictions, or rents are irrelevant absent plea of repeated false necessity [8000236710007] - Civil revision dismissed; no jurisdictional error in rejecting interrogatories [8000236710008] - Suit directed to be disposed within six months for expeditious resolution [8000236710011][8000236710012]

What is the appropriate timing for filing interrogatories in an eviction suit?

What are the permissible scope of interrogatories under Order 11 Rule 1 CPC in an eviction suit on personal necessity grounds?


Judgment

Mihir Kumar Jha, J.

1. Heard counsel for the petitioner.

In the opinion of this Court the court below by the impugned order has rightly rejected the interrogatory filed by the petitioner (tenant defendant).

2. In order to appreciate the nature of interrogatories two things have to be appreciated. The eviction suit was filed in the year 2005 on the ground that the premises in question in which the petitioner was the tenant was required for an office purpose of the Manager who had to look after the entire building consisting of several apartments and shops. The said plea of personal necessity was sought to be questioned by the petitioner in her written statement in paragraphs No. 13 and 14 in the following manner:

13. That the statement made in para 8 of the plaint is answer in about paragraphs of this written statement. The plaintiff is not reasonably and good faith required the suit premises in any way.

It is submitted that the plaintiff asked the defendant to increase the rate of rent in anarchy and arbitrary manner which, the defendant refused, that is why the suit has been filed to evict the defendant and thereafter to let it out to some other person on heavy PAGARI and




















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