JETHMAL SONI Vs. HARIOM SONI

JUDGEMENT

(1.) Plaintiff No.1-Hariom Soni and five others instituted a suit for eviction, recovery of possession and arrears of rent against defendant-Jethmal Soni on the ground under Section 12 (1) (a) and (e) of the Chhattisgarh Accommodation Control Act, 1961 (hereinafter called as "the Act of 1961") and stated that the suit accommodation is required bonafide for residence of plaintiff No.1-Hariom Soni.

(2.) In that suit, defendant-Jethmal Soni appeared before the trial Court on being summoned and filed an objection under Order 9 Rule 9 of the CPC stating inter-alia that previously instituted suit by Ganesh Prasad Soni and four others/plaintiffs herein for eviction and arrears of rent had already been dismissed by the trial Court vide judgment and decree dated 13.3.95 passed in Civil Suit No.81A/83 and therefore, the instant suit is barred by Order 9 Rule 9 of the CPC and therefore, civil suit be dismissed.

(3.) The trial Court by its impugned order dated 17.8.2015 rejected the objection of the petitioner/defendant holding the instant suit is not covered by Order 9 Rule 9 read with Section 21 of the CPC.