Khiva Ram S/o Shri Mangi Lal Ghintala v. Maan Singh S/o Shri Mool Singh
2016-10-06
SANGEET LODHA
body2016
DigiLaw.ai
JUDGMENT : Sangeet Lodha, J. This writ petition is directed against order dated 17.5.16 passed by the Civil Judge, Ladnu, whereby an application preferred by the petitioner-defendant under Order 7, Rule 11, CPC, seeking rejection of the plaint, stands dismissed. 2. The relevant facts are that the respondent plaintiff filed a suit for eviction against the petitioner after service of notice terminating the tenancy in terms of provisions of Section 106 of the Transfer of Property Act, 1888 ('the Act'). The plaintiff averred that the defendant has failed to pay the rent of the property leased out for the months of July & August, 2015 and did not vacate the premises after expiry of period of lease i.e. 11 months. The suit is being contested by the petitioner-defendant by filing a written statement thereto. 3. During the pendency of the suit, the petitioner defendant preferred an application under Order 7, Rule 11 CPC, seeking rejection of the plaint on the ground that a suit earlier filed by the plaintiff's father was dismissed as withdrawn in the spirit of Lok Adalat vide order dated 27.3.12 passed by the civil court of competent jurisdiction. It was further averred that the rent upto 20.3.16 was paid to the plaintiff's father and therefore, there being no default in payment of rent, the suit preferred does not disclose any cause of action. That apart, it was contended that the plaintiff has no bona fide necessity of the suit premises and therefore, the suit is liable to be dismissed in absence of accrual of any cause of action. 4. After due consideration, the application has been rejected by the court below observing that in para no.8 of the plaint on account of breach of condition of lease, the accrual of the cause of action has been specifically pleaded by the plaintiff and other contentious issues could be decided only on the basis of evidence to be led by the parties. Hence, this petition. 5. I have gone through the order impugned and other material on record including the plaint and the application preferred by the petitioner under Order 7, Rule 11, CPC and reply thereto filed on behalf of the respondent-plaintiff. 6.
Hence, this petition. 5. I have gone through the order impugned and other material on record including the plaint and the application preferred by the petitioner under Order 7, Rule 11, CPC and reply thereto filed on behalf of the respondent-plaintiff. 6. It is settled law that while deciding an application for rejection of plaint under Order 7, Rule 11, the court is not competent to go into correctness or otherwise of the allegations contained in the plaint. The plaint can only be rejected if from bare perusal of the statement in the plaint without any addition or subtraction, it appears to be barred by law or it does not disclose the cause of action. 7. Admittedly, the plaintiff has filed the suit after termination of tenancy in terms of provisions of Section 106 of the Act, on account of breach of conditions of the lease. It is pleaded that by the plaintiff that despite service of the notice, the defendant did not vacate the premises and thus, the cause of action accrued. 8. It is always open for the petitioner to contend that there is no breach of condition as alleged and therefore, the termination of the tenancy by the plaintiff was not justified and the suit preferred for eviction is not maintainable. But then, the stand sought to be taken by the petitioner as aforesaid by filing written statement are the contentious issues to be adjudicated upon by the trial court on the basis of the evidence to be led by the parties. But, in any case, from the perusal of the plaint, in no manner, it can be inferred that it does not disclose the cause of action. 9. In this view of the matter, the order impugned passed by the court below, rejecting the application preferred by the petitioner under Order 7, Rule 11, CPC, does not suffer from any infirmity, illegality or jurisdictional error so as to warrant interference by this court in exercise of its revisional jurisdiction. 10. In the result, the petition fails, it is hereby dismissed in limine. Petition Dismissed.