Prem Chand Chotia Vs Pradeep Mathur

The present petition has been filed to assail the impugned order dated 16^th November, 2015 passed by the Rent Tribunal, Sikar whereby application of the petitioner for amendment and deleting the issues have been dismissed.

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Counsel for the petitioner has submitted that on an agreement, date of execution was 18.12.1991 and as per the agreement, petitioner has paid Rs. 15000/ - in advance. Counsel for the petitioner has further submitted that it was necessary for the trial Court to formulate a specific issue whether petitioner has been defaulted in paying the rent for the period of two months.

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Having heard counsel for the parties, this Court is of the view that issues are to be drawn on the basis of pleadings and not on the basis of the evidence. Petitioner during the course of evidence has to prove the agreement on the basis of evidence and it has proved. The Court can always say whether issue has been proved or not. At this juncture, counsel for the petitioner has submitted he may be allowed to withdraw the present petition with liberty to raise all arguments before the trial Court on final hearing.

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As prayed, dismissed as withdrawn with liberty aforesaid.

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(Kanwaljit Singh Ahluwalia), J.

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N.Gandhi/ 53

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18092-2015 Civil Writ Petition

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Certificate- All corrections have been incorporated in the judgment/ order being emailed.

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Naval Kishore Gandhi P.A.cum judgment writer

Prem Chand Chotia v. Pradeep Mathur

Case brief

What is this about?

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Prem Chand Chotia v. Pradeep Mathur

Case brief

What is this about?

What did the court decide?

What the court decided

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