DIL BAHADUR Vs. VIJAY KAPOOR AND ORS

JUDGEMENT

(1.) The present civil revision petition has been filed being aggrieved of the order dtd. 11/10/2018 passed by Civil Judge (Jr. Division) Amritsar (hereinafter referred to as 'trial Court') allowing the application under Order VII Rule 11 of the Code of Civil Procedure 1908 (for short 'CPC') and thus, rejecting the plaint of the petitioner. The facts in brief are that the petitioner filed a suit for permanent injunction restraining respondent No.3-bank from forcibly dispossessing him from one room set of first floor of Kothi No. 164-B, Anand Avenue, Amritsar, in which the petitioner is a tenant. It was pleaded that the tenancy is since long. The owner of the property had taken a loan from Punjab National Bank, Amritsar for which the said property was mortgaged. The borrower defaulted in repayment of loan and account was classified as non-performing asset. Proceedings were initiated by the Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'). Aggrieved of the proceedings initiated under the Act, petitioner filed civil suit.

(2.) During the pendency of the civil suit, an application was moved by the Bank under Order VII Rule 11 of the CPC seeking dismissal of the suit, as the jurisdiction of the civil court is barred under the Act. The said application was allowed vide impugned order dtd. 11/10/2018. Hence the present petition. Learned counsel for the petitioner argues that the petitioner is a tenant in the mortgaged property and cannot be evicted without following due process of law under the Rent Act.

(3.) The grievance raised by learned counsel for the petitioner does not arise out of the impugned order. The petitioner is not remedy less. The remedy available to the petitioner is before the Debts Recovery Tribunal (for brevity 'DRT') under Sec. 17 (4-A) of the Act. Moreover, the jurisdiction of the civil court is barred by Sec. 34 of the Act. For ready reference, Ss. 17 (4-A) and 34 of the Act are quoted below. (4-A) where:-