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AVNEESH JHINGAN
Parmanand – Appellant
Versus
Manbhar Devi Meena – Respondent
ORDER :
Avneesh Jhingan, J.
This petition is filed seeking quashing of order dated 15.11.2022 dismissing the application under Order 7 Rule 11 CPC.
2. The brief facts are that the respondent on 28.11.2018 sought eviction on account of non-payment of rent by filing petition under the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001') at Jaipur. During the pendency of the proceedings, petitioner filed an application under Order 7 Rule 11 claiming that there is no tenant-landlord relationship between the parties and as per the report of the Investigating Officer in FIR No. 429/2018 registered at Police Station Vishwakarma, the land in question is Government land. The application was rejected considering that there is rent deed between the parties and the issue as to whether there is landlord-tenant relationship, is to be decided in the main petition and the plaint cannot be rejected under Order 7 Rule 11.
3. Learned counsel for the petitioner submits that Sections 2 & 3 of the Act of 2001 do not apply in the facts of the present case as the Investigating Officer has prepared a report that the land in question was not owned by the respondent. He further submits that there is no
A plaint cannot be rejected under Order 7 Rule 11 CPC if a tenant-landlord relationship is established, and debatable issues require evidence in the main proceedings.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
The definition of 'landlord' under the Rajasthan Rent Control Act, 2001 includes any person receiving or entitled to receive rent, regardless of ownership transfer.
As per the first proviso to Section 11(1), nothing contained in this Section shall apply to a tenant whose landlord is State Government or Central Government or other public authority notified under ....
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
The court emphasized the importance of considering the averments in the plaint and using the power to reject a plaint at the threshold only in exceptional circumstances.
Point of Law : Principles of res judicata applies as between two stages in the same litigation so that if an issue has been decided at an earlier stage against a party, it cannot be allowed to be re-....
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