SHASHIKANT GIRDHARDAS BAGDI Vs. RATANLAL KANHAIYALAL RATHI

JUDGEMENT

(1.) This revision is directed against dismissal by the learned District Judge of applicant tenant's appeal against order passed by the learned Judge Court of Small Causes rejecting his Application Exh. 63 under Order VII, Rule 11 of the Code of Civil Procedure for rejection of plaint.

(2.) Facts relevant for deciding this revision are mostly not disputed. The respondent landlord applied to the Rent Controller for permission to issue quit notice to the applicant tenant under the C.P. and Berar Rent Control Order. Such permission was granted on 10.1.1997. On 16.7.1999, the landlord filed Regular Civil Suit No. 239 of 1999 for recovery of arrears of rent from 1.9.1996 to 31.7.1999. In the said suit on 18.1.2001 tenant's application for depositing rent was allowed. On 31.3.2000 the Maharashtra Rent Control Act came into force repealing C.P. & Berar Rent Control Act and Order. On 8.1.2001 the landlord issued quit notice to the applicant terminating his tenancy and filed the Suit No. 247 of 2001 on 16.6.2001 for applicant's ejectment and enquiry into mesne profits. Written statement was filed by applicants on 26.9.2001 on 19.9.2003 Application Exh. 63 was filed under Order VII, Rule 11 of the Code of Civil Procedure for rejection of plaint or dismissal of the suit. This was rejected by the learned trial Judge by his order dated 28.07.2006 and appeal too was dismissed by impugned judgment

(3.) I have heard both the learned Counsel for appellant and respondent.