GURDEV SINGH Vs. LABH SINGH GILL

JUDGEMENT

(1.) Aggrieved by order dated 7.4.2012 Annexure P/7 passed by the trial court thereby dismissing application Annexure P/5 filed by defendants/petitioners for dismissing the suit which has been instituted by respondent/plaintiff, the instant revision petition has been filed by the defendants under Article 227 of the Constitution of India to assail the said order.

(2.) Respondent-Plaintiff has filed suit for possession of the suit shop situated in Sudhar Bazar and for recovery of mesne profits alleging that the defendants were tenants in the disputed shop and their tenancy stands terminated.

(3.) The defendants in their application Annexure P/5 alleged that the suit property falls within urban area under the East Punjab Urban Rent Restriction Act, 1949 (in short, the Act) as per notification dated 23.5.1975 Annexure P/1 (correct date 19.5.1975) and therefore, in view of provisions of the Act, suit does not lie in the civil court.