BABU LAL Vs. KHAYALI RAM & OTHERS

JUDGEMENT

(1.) Instant revision is directed against the order passed by learned Civil Judge (Senior Division) Srimadhopur on 4.12.2004 whereby application under Order 7, Rule 11 Code of Civil Procedure moved by the petitioner Babu Lal in Civil Suit No. 30/2004, has been dismissed with cost of Rs. 2000.00.

(2.) Heard learned counsel for the parties and perused the impugned order.

(3.) It is contended on behalf of the petitioner that earlier the non-petitioner-plaintiffs filed a suit (bearing No. 183/2003) for eviction under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short the old Act of 1950'), but withdrew the same with liberty to file a fresh one under the provisions of the Rajasthan Rent Control Act, 2001 (for short the new Act of 2001'). Against that order, which was passed on 24.9.2003, the petitioner had filed a writ petition which was disposed of with the liberty to raise valid and just objections at the time of filing of the fresh suit by plaintiffs. Thereafter the plaintiffs filed fresh suit under the provisions of the Transfer of Property Act. 1882, in which the petitioner filed the application under Order 7, Rule 11 Code of Civil Procedure with the prayer to reject the same as second suit for eviction was barred by law and, therefore, the suit was not maintainable. This application of the petitioner was wrongly dismissed by the court below.