REENA KHATUJA Vs. MURARI LAL SHARMA

JUDGEMENT

(1.) This Civil Revision under Section 115 of the Code of Civil Procedure, 1908, is directed by the revisionist/defendant against the impugned order dated 17-8-2012 passed by IX Additional Judge to the Court of I Civil Judge, Class II, Gwalior in Civil Suit No. 38-A/2012, whereby her application under Order 7 Rule 11 read with Section 151 of CPC has been rejected. Learned Counsel appearing on behalf of the revisionist has argued that the respondent/plaintiff filed a suit for recovery of arrears of rent and eviction of the revisionist from the suit shop. The notice of demand was served on 13-3-2012, while suit for eviction has been filed on 7-5-2012, before the expiry of the period of two months from the date of serving of the notice, therefore, the suit was premature and decree under Section 12 (1) (a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as "the Act") cannot to be granted. The learned Trial Court by rejecting the application under Order 7 Rule 11 read with Section 151 of CPC committed grave error of law.

(2.) No exhaustive statements of facts are required to be narrated for the disposal of this revision. Suffice it to state that the respondent/plaintiff has preferred the suit for eviction against the revisionist/defendant on the grounds enumerated under Section 12 (1) (a), 12 (1) (f) and 12 (1) (o) of the Act on 7-5-2012. Before filing this suit, the respondent/plaintiff served a notice for recovery of arrears of rent as well as eviction from the suit shop on 13-3-2012. The defendant filed written statement. Apart from filing the written statement, defendant moved an application under Order 7 Rule 11 read with Section 151 of CPC for dismissing the suit as it was premature.

(3.) The learned Trial Court, after hearing both the parties rejected the application by the impugned order dated 17-8-2012, which reads as under:-