PRINCE KAZMI Vs. SANDEEP KHATURIA

JUDGEMENT

(1.) The present revision petition has been filed by the petitionerdefendant assailing order dtd. 9/5/2022 passed by the Court of Additional District Judge No.1, Udaipur whereby an application under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure as preferred by the petitioner-defendant has been dismissed.

(2.) The application under Order VII Rule 11, CPC had been preferred with the submission that the agreement dtd. 17/3/2016 entered into between the parties although titled as 'Leave and Licence Agreement', was in fact a 'Lease' and therefore, the suit before the Civil Court was not maintainable. It had been prayed that the agreement being a lease agreement, any dispute arising out of the said agreement would be amenable to the jurisdiction of the Rent Tribunal in terms of the Rajasthan Rent Control Act, 2001 only and the jurisdiction of the Civil Court would specifically be barred.

(3.) The application of the defendant has been rejected by the learned Court below firstly, with a finding that prima facie the agreement as entered into between the parties seems to be a 'Leave and Licence Agreement'; secondly, the proceedings were at the stage of defendant evidence and application under Order VII Rule 11, CPC at that stage, with the submission that intention of the parties vide the agreement/lease deed was to enter into a relationship of landlord- tenant cannot be accepted and thirdly, an application under Order VII Rule 11, CPC had been preferred by the defendant earlier too on 4/1/2018 and the same was rejected on 13/3/2018.