GH RASOOL PARRAY Vs. SUHAIL WAHID MALIK

JUDGEMENT

(1.) THIS revision is directed against the order dated 28 -2 -2007 passed by Sub -Judge, Budgam, in a suit titled Suhail Wahid Malik Vs. Ghulam Rasool Parray & others, dismissing the application of the defendants - - petitioners filed under Order 7 Rule 11 CPC.

(2.) IN order to appreciate the controversy involved in the case, it is profitable to notice the brief facts of the case. Respondent - - plaintiff filed a suit for perpetual injunction in the court of District Judge, Budgam, which came to be transferred to Sub -Judge, Budgam. Defendants - - petitioners appeared and filed their written statement on

(3.) -11 -2006. During the pendency of the suit, defendants moved an application in terms of Order 7 Rule 11 CPC for rejection of the plaint on the ground that defendants have leased out the suit property to the plaintiff - - respondent in terms of rent agreement dated 20 -3 -2004 for running his business under the name and style of "M/S Global Processing Solution, Parraypora", but the plaintiff subsequently changed his line of business and set up two educational institutes in the suit premises, one under the name and style of "Cambridge Child Development Centre" and the other "Informatics Computer Institute", thereby they violated the terms and conditions of the rent agreement. The plaintiff has no cause of action to seek restraint against the defendants - - owners from causing any interference. 3. The application came to be resisted by the plaintiff on the grounds taken in the objections filed thereto. After hearing the parties, the trial court dismissed the application vide the impugned order.