MURARI LAL Vs. MADAN LAL MOONDRA

JUDGEMENT

(1.) A suit was filed by the Respondent seeking possession, mesne profit, recovery of amount and mandatory injunction from the Petitioner i.e. Suit No. 503/13/09 tilted as "Madan Lal Mundra vs. Murari Lal" before the learned Civil Judge. In the suit it was claimed that father of Murari Lal was a tenant under Madan Lal Moondra and the said tenancy had been terminated vide notice dated 17th August, 1984. In the said suit, an application was filed by Murari Lal under Order VII Rule 11 C.P.C. for rejection of the plaint on the ground that the suit for possession and damages alleging tenancy was not maintainable as the area was notified as a Slum area and no permission under Section 19 of the Slum Area Act had been taken. This application of Murari Lal was dismissed by the learned Civil Judge vide order dated 4th September, 2014.

(2.) An appeal was filed against the order dated 4th September, 2014 dismissing the application of Murari Lal under Order, VII Rule 11 C.P.C. which was dismissed by the learned ADJ vide the impugned order dated 24th November, 2014 holding that the order passed was not appealable and only a revision lies. Hence the present petition challenging the order dated 25th November, 2014 passed by the learned ADJ.

(3.) Learned counsel for the Petitioner urges that in view of the decision of the Supreme Court in Shah Babulal Khimji Vs. Jayaben D. Kania and another, 1981 4 SCC 8 followed by this Court in Ms. Jyotika Kumar Vs. Mr. Anil Soni and others, 2009 2 AD(DEL) 53 the appeal against the order dismissing an application under Order VII Rule 11 C.P.C. was maintainable, hence the impugned order be set aside.