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2000 Supreme(Raj) 1510

N.P.GUPTA
Laxmi Hardware Store – Appellant
Versus
Madhu Sudan – Respondent


Advocates:
For the Petitioner:Mr. A.L. Chopra, Advocate.
For the Non-petitioner:Mr. R. K. Thanvi, Advocate.

JUDGMENT

1. - Pursuant to the order dated 13.11.2000, the revision petition comes up today for final disposal.By the impugned order, the learned trial court has ordered the counter claim filed by the plaintiff non petitioner to be taken on record and fixed the case for framing of amended issues.

2. The brief facts relevant for the present controversy are that on 17.11.1988 the plaintiff non petitioner has filed a suit for eviction inter-alia on the ground of reasonable and bona fide necessity, alleging the agreed rent of the suit premises to be As. 650/- per month. To this suit, the defendant petitioner filed a written statement on 25.7.90 contesting the suit for eviction and also raised a counter claim seeking determination of standard rent of the suit premises. In that counter claim of course it was contended that the standard rent be declared at Rs. 350/- per month. To this counter claim of the petitioner, the plaintiff non petitioner filed a rejoinder on 20.3.1993 denying the counter claim and contended that the agreed rent was voluntarily agreed, and for the circumstances pleaded in the rejoinder it was claimed that the agreed rent is not required to be scaled down.

3. It may be













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