Reva Khetrapal, J.

1. By this appeal the appellant assails the order of the learned Trial Court dated 01.05.1997 dismissing the suit for possession filed by the appellant as not maintainable.

2. The brief facts as averred in the appeal filed by the appellant are as follows:-

(i) The appellant had filed a suit for the possession of the first floor of the property bearing No. N-85, Greater Kailash, Part-I, New Delhi and for the recovery of Rs. 75,000/- as damages against the respondent on the ground that the appellant had purchased the first floor of the aforesaid property from its owner Ms. Neelam Mahajan by a Registered Sale Deed and the defendant was merely a licensee who was in occupation of the property, and who later on became an unauthorized occupant after the termination of the license by the appellant.

(ii) The respondent, along with his written statement, filed an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure for rejection of the plaint on the ground that the aforesaid suit of the appellant was barred by law and thus liable to be rejected. The respondent averred that the respondent had filed a civil suit for partition of the joint Hind