ARUN KUMAR GUPTA Vs. SANTU LAL

JUDGEMENT

(1.) Aggrieved by order dated 17.09.2014, the petitioner/defendant has preferred the present writ petition.

(2.) The brief facts of the case are that, Eviction Suit No. 4 of 2012 was filed on 07.03.2012. The defendant appeared and filed his written statement raising a plea of jurisdiction stating that on 09.02.2012 a new Act namely, Jharkhand Building ( Lease, Rent and Eviction) Control Act, 2011 has been published in the Official Gazette and therefore, the Eviction Suit No. 04 of 2012 which was filed on 07.03.2012 should not have been entertained by the learned Civil Court.

(3.) The learned counsel appearing for the petitioner submits that though, the relationship of landlord tenant between the parties is not disputed however, once a plea of jurisdiction has been taken in the written statement, the learned trial court should have adjudicated the said issue first and therefore, order dated 17.09.2014 is liable to be set aside.