LAXMI NARAYAN Vs. RAJENDRA PRASAD AND OTHERS

JUDGEMENT

(1.) The present revision petition under Section 115 of the Code of Civil Procedure has been filed by the petitioner-defendant in a suit for declaration, eviction & recovery of possession and permanent injunction against the impugned order dated 27.07.2015 passed by the learned Civil Judge Jodhpur District in Case No.133/2014 (184/2012) "Rajendra Praasad Vs. Vinod & Ors." by which, the learned Trial Court has rejected the application of the defendant-petitioner filed under Order 7, Rule 11 read with Sec. 151 of the Code of Civil Procedure.

(2.) By the impugned order dated 27.07.2015, the learned Trial Court had rejected the application of the defendant-petitioner filed under Order 7, Rule 11 read with Sec. 151 of the Code of Civil Procedure on the ground that the suit filed by the plaintiff essentially seeking declaration of his rights on the basis of will dated 01.06.1978 is triable by the Civil Court. The learned Trial Court has also rejected the contention of the defendant that the suit is barred by Sec. 18 of the Rajasthan Rent Control Act, 2001 according to which the Civil Court had no jurisdiction to hear and decide the cases in respect of the landlord and tenant.

(3.) The reasons assigned by the learned Civil Judge for rejecting the application of the defendant filed under Order 7, Rule 11 of the Code of Civil Procedure are as under:- ...[VERNACULAR TEXT OMITTED]..