SHRAVAN KUMAR Vs. SARITA GUPTA

JUDGEMENT

(1.) The present Civil Revision under Sec. 25 of the Provincial Small Cause Courts Act, 1887, has been preferred against the order dtd. 27/1/2026, passed by the Judge, Small Cause Court/1st Additional District Judge, Dehradun, in SCC Case No. 14 of 2024, Sarita Gupta vs. Shravan Kumar Gupta. By the said order dtd. 27/1/2026, the learned Trial Court rejected the application under Order VII Rule 11 C.P.C., filed by the defendant/revisionist for rejection of the plaint on the ground that the suit was barred under Sec. 40 of the Uttarakhand Tenancy Act, 2021.

(2.) The brief facts of the case are that the plaintiff/respondent had filed a suit SCC Case No. 14 of 2024 for arrears of rent, ejectment and mesne profit on the ground that the plaintiff had purchased the said property/three shops through two sale-deeds dtd. 29/3/2022 and the defendant/revisionist had been in occupation of one shop of the said property at a monthly rent of Rs.2500.00 per month; that the defendant has not paid the monthly rent since 2018; that the property is in dilapidated condition and the plaintiff had received a notice dtd. 17/5/2022 from Nagar Nigam Dehradun under Sec. 331 (1) of the Nagar Nigam Adhiniyam, 1959 to demolish the said property; that the defendant/revisionist had neither paid the rent nor vacated the property. The defendant/revisionist filed written statement denying the plaint allegation and thereafter, filed an application under Order VII Rule 11 C.P.C. on the ground that the Suit filed by the plaintiff was barred by the provisions of Uttarakhand Tenancy Act, 2021, which came into force from 1/1/2003 and as per Sec. 40 of the said Act, the Civil Court had no jurisdiction to entertain the suit.

(3.) The plaintiff/respondent filed objection against the said application and after hearing the parties, order dtd. 27/1/2026 was passed by the learned Trial Court, which is challenged in the present Civil Revision.