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Judgment
S.K. Gangele, J.—Heard. This petition has been filed by the petitioners against the order dt. 3.5.2011 (Annexure P/1). By the aforesaid order, the trial Court refused to struck off defence of defendant.
The petitioners/landlords filed a suit for eviction. In the aforesaid suit, the defendant denied that he is the tenant of the petitioners. Consequently, he further pleaded that he is not liable to pay rent to the plaintiffs. Thereafter, the plaintiffs filed an application for striking out the defence of the defendant. That application has been rejected by the trial Court after observing that the defendant has denied that he is the tenant of the landlord.
In my opinion, the trial Court has recorded a finding without considering the evidence on record. The plaintiffs are also liable to file an application before the trial Court for fixing provisional rent if there is evidence to conclude prima facie that defendant is the tenant. The trial Court is also under an obligation to decide said application in accordance with law.
Hence, this petition is disposed of with the observation that the plaintiffs are at liberty to file application for fixing provisional rent. The trial Court may decide the same in accordance with law and thereafter subsequently the petitioners are at liberty to file proper application for striking out the defence of the defendant.
The observations made in this order be not treated as final conclusion on merits, these are the primary observations. With the aforesaid observations petition is disposed of. No order as to costs.