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Judgment
Ravi K. Deshpande, J.—In Regular Civil Suit No. 3 of 2003 an Application was filed for recasting of the issues by the Defendants. The trial Court has passed an order on 6.2.2006 holding that the issue of tenancy is already framed and unless it is decided by the Competent authority, the Suit cannot proceed. In Regular Civil Suit No. 3 of 2003, the trial Court has framed the issues on 6.11.2003 as under:
Whether the Plaintiff prove that the Plaintiff is the absolute owner of suit property?
Whether the Plaintiff proves that the Defendant is a Licencee of the suit property?
Whether the Plaintiff proves that he is entitled to recover possession of suit property?
Whether the Plaintiff proves that he is entitled to damages of Rs. 1,00,000/-?
Whether the Plaintiff proves that he is entitled to mesne profit in an amount of Rs. 2000/- p.m. from September 1999 until recovery of possession?
Whether the Plaintiff proves that the suit is not maintainable?
What order and Decree?
The issues are framed on the basis of the pleadings made in the Plaint. The claim of the Plaintiff is that the Defendant is the licencee of the Suit property. It is for the Plaintiff to establish that the Defendant is the licencee in respect of the Suit property. If the Plaintiff fails to prove that the Defendant is the licencee then, the Suit will have to be dismissed and there shall be no occasion for the Court to decide as to whether the Defendant is a tenant in respect of the Suit property.
In view of this, the order impugned in this Petition cannot be sustained. The same needs to be quashed and set aside. Writ Petition is allowed. The order dated 6.2.2006 passed by the trial Court in Regular Civil Suit No. 3 of 2003 is hereby quashed and set aside. The trial Court is directed to decide the Suit on the basis of the issues framed on 6.11.2003.
Rule is made absolute accordingly. No order as to costs.