RAJ KUMARI KAPOOR AND ORS. Vs. SHASHI NARULA

JUDGEMENT

(1.) The present civil revision petition has been filed challenging the order dated 14.02.2020 (Annexure P-6) passed by the Civil Judge (Junior Division) Gurugram, by which the application filed by the petitioners under Order 7 Rule 11 of CPC has been rejected.

(2.) Learned counsel for the petitioners argues that the present suit is not maintainable keeping in view the pleadings, which have been made in the suit. Learned counsel for the petitioners further submits that once, it has been admitted in the suit that suit property was purchased in the year 2001, the same should be treated as 10 years old, hence, the present civil suit is barred and only the petition before the Rent Controller under Haryana Urban (Control of Rent and Eviction) Act, 1973 was maintainable.

(3.) Learned counsel for the petitioners though, concedes that there is no averment in the suit which proves that the property in question was constructed and is in use for the last more than 10 years.