HARI RAM SAINI Vs. BAJRANG SHARAN

JUDGEMENT

(1.) The petitioner-defendant has filed the present revision petition under Section 115 of CPC, challenging the order dated 24.09.2013 passed by the Civil Judge (Junior Division) Kotputli, District Jaipur (hereinafter referred to as "the trial court"in Civil Suit No.133/2012, whereby the trial court has dismissed the application of the petitioner filed under Order VII Rule 11 of CPC.

(2.) It has been submitted by the learned counsel Mr. Ajay Gupta for the petitioner that the suit having been filed by the respondent-plaintiff under Section 106 of the Transfer of Property Act, and the Rajasthan Rent Control Act, 2001 having been made applicable in Kotputli area w.e.f. 01.04.2003, the trial court did not have the jurisdiction to entertain the suit, and therefore, the plaint is liable to be rejected under Order VII Rule 11 of CPC.

(3.) In the instant case, it appears that the respondent-plaintiff has filed the suit for eviction and arrears of rent against the petitioner-defendant after service of the notice under Section 106 of Transfer of Property Act. Whether the new Rent Control Act, 2001 is made applicable in the area of the Kotputli or not and whether the court has the jurisdiction to entertain the suit or not, will be a mixed question of law and fact, which could be decided at the time of trial and not at the stage of application under Order VII Rule 11. The Court, therefore, does not find any illegality or infirmity in the impugned order passed by the trial court. It is needless to say that the issue of jurisdiction could be decided as the preliminary issue by the trial court after permitting both the parties to lead their evidence in that regard. The learned counsel at this juncture states that he may be permitted to move such application for deciding the issue of jurisdiction as a preliminary issue. In this regard, it is observed that the petitioner shall be at liberty to move the application requesting the trial court to decide the issue of jurisdiction as a preliminary issue, and the trial court shall decide such application if filed by the petitioner, on merits and in accordance with law, without being influenced by the impugned order passed by it or the present order passed by this Court.