JUDGMENT : Arun Bhansali, J. This revision petition is directed against the order dated 6.2.2013 passed by the trial court, whereby the application filed by the petitioner under Order 7, Rule 11 (d) CPC has been rejected. 2. The respondent-plaintiff filed a suit for eviction and mesne profit against the petitioner. In the plaint, it appears that the amount of mesne profit has been calculated based on the provisions of Rent Control Act, 2001 ('the Act'). 3. It is submitted by learned counsel for the petitioner that the provisions of the Act are not applicable at Shahpura, District Bhilwara, and therefore, the plaint was liable to be rejected. 4. The trial court after considering the said submissions and on a meaningful reading of the plaint, came to the conclusion that the notice was issued by the plaintiff under Section 106 of the Transfer of Property Act and thereafter, the suit was filed for eviction and mesne profit. 5. Merely because the amount of mesne profit has been calculated on the basis of provisions of the Act, it cannot be said that the suit as filed by the plaintiff for eviction and mesne profit was barred by law. If ultimately, it is found that the plaintiff was not entitled to mesne profit at the rate claimed by him, the said relief may not be granted by the trial court, but the same cannot be made a basis to claim the suit as barred by law. 6. In that view of the matter, there is no substance in the revision petition, the same is, therefore, dismissed. The stay application is also dismissed.