Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 715 (RAJ)

Bhanwar Lal v. Seth Sugan Chand Chitlangiya Charitable Trust

2019-03-01

P.K. LOHRA

body2019
JUDGMENT Mr. P.K. Lohra, J. - Heard learned counsel for the petitioner as well as learned counsel for the respondents. 2. The instant revision petition is filed by petitioner-defendant to challenge order dated 17.11.2016, passed by Civil Judge and Judicial Magistrate, Sri Ganganagar (for short, ' learned Court below'). 3. Learned Court below, by the order impugned, rejected the application of petitioner-defendant under Order 7 Rule 11 CPC, which was filed on the ground that after enactment of Rent Control Act, a Suit for eviction before Civil Court is barred by law. 4. Thus, essentially, the petitioner-defendant has invoked Clause (d) of Rule 11 of Order 7 CPC. 5. The lis involved in the present petition is squarely covered by a decision of this Court in Uma Shanker Vs. Seth Sugan Chand Charitable Trust, Sriganganagar reported in 2012(1) DNJ (Raj.)86 , wherein the Court, while considering Section 18 of the Rent Control Act, has held that Civil Suit for eviction of a tenant by landlord before Civil Court is barred and such dispute can be adjudicated by the Tribunal constituted under the Act. 6. In view thereof, the revision petition is allowed, impugned order is set aside and the suit filed by respondents-plaintiff for eviction before the learned Court below is hereby rejected. It is made clear that the acceptance of revision petition and rejection of the plaint of respondents-plaintiff shall not preclude him from availing appropriate remedy in accordance with law.