PARMANAND Vs. MANBHAR DEVI MEENA

JUDGEMENT

(1.) This petition is filed seeking quashing of order dtd. 15/11/2022 dismissing the application under Order 7 Rule 11 CPC.

(2.) The brief facts are that the respondent on 28/11/2018 sought eviction on account of non-payment of rent by filing petition under the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001') at Jaipur. During the pendency of the proceedings, petitioner filed an application under Order 7 Rule 11 claiming that there is no tenant-landlord relationship between the parties and as per the report of the Investigating Officer in FIR No. 429/2018 registered at Police Station Vishwakarma, the land in question is Government land. The application was rejected considering that there is rent deed between the parties and the issue as to whether there is landlord-tenant relationship, is to be decided in the main petition and the plaint cannot be rejected under Order 7 Rule 11.

(3.) Learned counsel for the petitioner submits that Ss. 2 and 3 of the Act of 2001 do not apply in the facts of the present case as the Investigating Officer has prepared a report that the land in question was not owned by the respondent. He further submits that there is no cause of action for the respondent to file the eviction proceedings.