OM SHAKTI ENTERPRISES, SAFIDON Vs. PUSHPA RANI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 23/8/2022 passed by the Trial Court dismissing the application filed by the defendant-petitioners under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short -CPC-).

(2.) The brief facts relevant to the present lis are that the plaintiffrespondent filed a suit for possession in respect of Gair Mumkin Shop and Godown marked as -ABCD- shown in red colour in the site plan bounded as under :

(3.) The defendant-petitioners filed an application under Order VII Rule 11 CPC for rejection of the plaint on the ground that the present suit was not maintainable inasmuch as the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the -Act-) would be applicable as the property falls within the limits of an urban area as well as municipal limits of Municipal Committee, Safidon. The said application was contested by the plaintiff-respondent. The application under VII Rule 11 CPC came to be dismissed vide the impugned order dtd. 23/8/2022. Hence, the present revision petition.