DINESH MEHTA
Chetan Kumar – Appellant
Versus
Hamida Bai – Respondent
JUDGMENT
Dinesh Mehta, J. - The present writ petition has been preferred against the order dated 28.09.2018, passed by the learned Additional District Judge, Salumber (hereinafter referred to as the 'trial court'), whereby petitioner's application dated 28.09.2018 submitted under Order XI Rules 12 & 14 of the Code of Civil Procedure has been rejected.
2. The facts pertinent to present petition are that the plaintiff respondent No.1 herein had filed a suit for eviction and recovery of the arrears of rent, after giving notice under Section 106 of Transfer of the Property Act to the defendant petitioner herein.
3. The plaintiff had inter alia asserted that she had given her two shops to the defendant at the rent of 3300/- per month, in relation whereof rent note had not been prepared by the defendant. The plaintiff not only sought recovery of the arrears of rent from 21.09.2009, but also sought order of eviction of the defendant.
4. The defendant petitioner herein filed a written statement along with a counter claim and asserted that the shops in question had been purchased by him for a sum of Rs.20,52,000/- on 12.11.2011 and document / receipt in relation thereto had been executed.
5. Sub
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