Order : REKHA BORANA, J. 1. The present revision petition has been filed against the order dated 16.02.2011 passed by Civil Judge (Junior Division), Merta in Civil Original Suit No.12/2012 whereby the application under Order 7 Rule 11, CPC as filed on behalf of the defendants was rejected. 2. Vide the application under Order 7 Rule 11, CPC it was averred on behalf of the defendants that the suit in question was barred in terms of the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the ‘Act of 1971’). However, the learned Trial Court rejected the application on the premise that there is no document available on record to suggest that the notice dated 31.01.2012 was served by the Estate Officer in terms of the Act of 1971 and any further action was taken by the Estate Officer in terms of the said Act. 3. The facts are that a suit for permanent injunction was filed by the plaintiff Cooperative-Society with an averment that a premise was rented out to it by the defendant-Railways Department for running a Cooperative Store. However, notice dated 31.01.2012 was served on the Administrator/President of the Society by the Section Engineer and vide the same, the Society was called upon to vacate the premise. Being aggrieved of the said notice, the suit in question was filed. 4. An application under Order 7 Rule 11, CPC was filed by the defendants with the averment as mentioned above. 5. Learned counsel for the petitioners at the very inception, admits that notice dated 31.01.2012 was not in terms of Section 4 of the Act of 1971. The said notice was not issued by the Estate Officer and further the same did not provide for any time to the plaintiff to show cause as to why it should not be evicted. 6. He, therefore, candidly admits that the suit in question would not be barred in terms of the Act of 1971. He however, prays that the suit in question itself be disposed of while protecting the right of the plaintiff from being evicted without due process of law, while granting a liberty to the petitioner defendant to proceed in terms of the provisions of the Act of 1971. 7. He however, prays that the suit in question itself be disposed of while protecting the right of the plaintiff from being evicted without due process of law, while granting a liberty to the petitioner defendant to proceed in terms of the provisions of the Act of 1971. 7. Learned counsel for the respondents agrees to the above porposition and submits that the suit itself be disposed of in the above terms. 8. In view of the joint submission made at bar, the impugned order dated 16.02.2011 is hereby quashed and set aside. The Civil Original Suit No.12/12 pending before the Civil Judge (Junior Division, Merta) is also disposed of with a direction that the plaintiff shall not be evicted/dispossessed by the defendants from the premise in question without adopting due process of law. 9. The petitioners defendants shall be at liberty to proceed in accordance with law for eviction of the plaintiff, if they so desire. 10. Let the decree be drawn accordingly by the learned Trial Court. 11. With the above observations, the present revision petition is disposed of 12. Stay petition and pending applications, if any, stand disposed of.