RAJ KUMAR KHEMANI Vs. NAGAR MAL GOYAL

JUDGEMENT

(1.) THE present appeal has been filed by the appellant ( original defendant ) challenging the judgment and decree dated 27th May 2011 passed by the Additional District Judge No.6,Jaipur,(hereinafter referred as 'the trial court') in Civil Suit No. 23/2008, whereby the trial court has decreed the suit of the respondent original plaintiff, directing the appellant defendant to pay Rs. 77,500/ - to the respondent -plaintiff.

(2.) The short facts giving rise to the present appeal are that the present respondent -plaintiff filed the suit being No. 23/2008 seeking recovery of Rs. 77,500/ - with interest, towards arrears of rent for the period from 15.7.2006 to 30.9.2007 from the appellant -defendant. The said suit came to be decreed by the trial court. Being aggrieved by the same, the appellant defendant has preferred the present appeal.

(3.) AT the out set, the learned counsel Dr. P.C.Jain for the appellant raising preliminary issue as regards the jurisdiction of the trial court submitted that the suit of the respondent plaintiff being for the recovery of arrears of rent from the appellant, the trial court being Civil Court did not have the jurisdiction to entertain the same and the court competent to decide the suit would be the Rent Tribunal. Learned counsel for the respondent also could not satisfy the Court as to how the trial court had the jurisdiction to entertain the suit, ofcourse he has submitted that the issue of jurisdiction should have been raised by the defendant at the earliest stage of the suit and the same having not been raised even at the time of framing of issue, the appellant could not have agitated the same in the appeal.