S.B. CWP No. 21335/2013

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

O R D E R

S.B. Civil Writ Petition No. 21335/2013

Kedar Nath v. Civil Judge (Jr. Division) Rajgarh, District Alwar & Anr.

Date of Order :   18^th April, 2014

HON'BLE MR. JUSTICE R.S. CHAUHAN

Mr. Mohit Gupta, for the petitioner.

Mr. Vikash Sharma, for the respondent.

The petitioner is aggrieved by the order dated

24.10.2013 passed by the Civil Judge (Jr. Division),

Rajgarh, District Alwar, whereby the learned Magistrate

has dismissed an application filed by the petitioner

under Order 6 Rule 16 CPC and has refused to stike off

certain paras mentioned in the plaint.

2.

The brief facts of the case are that the

respondent NO.2 as the plaintiff filed a suit for

eviction and possession against the petitioner-defendant

under the Rajasthan Premises (Control of Rent and

Eviction) Act, 1950 (henceforth, 'the Old Act', for

short) as well as under the Transfer of Property Act on

the ground of nuisance, bona fide necessity and

comparative hardship. It was stated in the suit that the

suit shop was rented to the petitioner on 1.12.1973 @ Rs.

68 per m