GYANESHWAR BHATI Vs. BALU RAM

JUDGEMENT

(1.) THIS revision petition has been filed by the defendant Gyaneshwar bhati being aggrieved by the order of the learned trial Court dated 12-6-2008 whereby the learned trial Court rejected the application of the defendant under Order 7, Rule 11, CPC holding that suit No. 39/2008 filed by the plaintiffs was maintainable and deserved to be tried.

(2.) THE other defendants Sh. Ghanchi mahasabha represented by its President shyam Lal and Secretary Poonam Chand s/o. Udai Ram also filed an application under order 7, Rule 11, CPC and both the applications came to be dismissed by the learned trial Court by the impugned order. Being aggrieved by the same, the defendant no. 4 Gyaneshwar has filed the present revision petition.

(3.) MR. S. C. Maloo, learned counsel for the petitioner-defendant No. 4 submitted that by a resolution dated 13-4-2008, the general body of Sh. Ghanchi Mahasabha had given on rent the first floor of the premises situated at 5th Road, Sardarpura, jodhpur belonging to defendant No. 1 Sh. Ghanchi Mahasabha upon an auction in which lease money of Rs. 11,61,000/- and further monthly lease of Rs. 7000/- was fixed by the said general body and accordingly the present petitioner-defend ant No. 4 was given possession of these premises as a tenant, whereas the plaintiffs claiming to be the other members of the said community of Ghanchi Samaj have filed the suit in question claiming a declaration and injunction against the said resolution dated 13-4-2008 against which the defendants filed separate applications under Order 7, rule 11, CPC for dismissal of the suit as being barred by law as hit by Section 18 of the Rajasthan Rent Control Act, 2001 which defines jurisdiction of Rent Tribunal.