KOPPARAVAI PRAVEEN KUMAR Vs. ABBABATHULA NAGA MALESWARI

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India questioning the Order in I.A.No.19 of 2012 in O.S.No.412/2011, dtd. 5/9/2012 passed by the II Additional Junior Civil Judge, Vijayawada, whereby the application filed under Sec. 151 and Order VII Rule 11(a & d) of Civil Procedure Code (for short "CPC") for rejection of the plaint was dismissed.

(2.) The petitioner herein is the defendant before the trial Court, filed an application under Sec. 151 and Order VII Rule 11(a & d) of CPC to reject the plaint, alleging that the suit is not maintainable on the ground that the age of the schedule building mentioned in the plaint is absolutely false and the suit is not maintainable at law and liable to be dismissed. The petitioner also raised several other grounds, but they are not covered by Order VII Rule 11 of CPC and they are not required to be considered at this stage.

(3.) The respondents filed counter inter alia contending that the provisions of the A.P. Building (Lease, Rent and Eviction) Control Act, 1960 (for short "Rent Control Act") does not apply to the present suit schedule building bearing D.No.77-24-16E, situated at Dasarivari Street, Santinagar, Vijayawada. The construction of the said building was completed in the year 2005 and not before 2005. Therefore, the provisions of the Rent Control Act are not applicable and requested to dismiss the petition.