SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2026 Supreme(All) 1417

HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA, J.
Hem Chand - Petitioners
Versus
M/s Padmawati Pvt Ltd. - Respondent
MATTERS UNDER ARTICLE 227 No. - 9304 of 2026
Decided On : 08-09-2026

Important Points

Rejection of a plaint under Order VII Rule 11(a) C.P.C. depends solely on whether the plaint discloses a cause of action at face value; disputed questions of fact, such as the actual delivery of possession, are matters of trial and cannot justify threshold rejection.

Subject

Civil Law - Rent and Tenancy

Act Referred

CIVIL PROCEDURE CODE : O.7 R.11, O.7 R.11(a), S.151
TRANSFER OF PROPERTY ACT : S.106
CONSTITUTION OF INDIA : Art.227
UTTAR PRADESH REGULATION OF URBAN PREMISES TENANCY ACT : S.33(2)

Headnote

(A) Code of Civil Procedure, 1908 - Order VII Rule 11 - Article 227 of the Constitution of India - Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 - Section 33(2) - Rejection of plaint - Cause of action - Distinction between disclosure of cause of action and proof of facts - While considering an objection under Order VII Rule 11(a), the Court must determine if the averments in the plaint, taken at face value, disclose the foundational facts constituting a cause of action - The enquiry is directed to the existence of a cause of action as disclosed from the pleadings and not to the ultimate merits or proof of the claim - The Court is not required to conduct a mini-trial, test the truth of averments, or adjudicate disputed questions of fact at the threshold - A plea which, if established, may defeat the claim does not furnish a ground for rejection where the plaint otherwise discloses the factual foundation for the relief claimed. (Paras 7, 8, 10, 14)

(B) Article 227 of the Constitution of India - Scope of supervisory jurisdiction - Interference is warranted only where the order under challenge discloses a patent jurisdictional error, manifest illegality, perversity or failure to exercise jurisdiction - Court is not called upon to substitute its own view merely because another view may be possible. (Para 20)

Facts of the case:
Proceedings were instituted for the eviction of a tenant based on a rent deed. The tenant filed an application under Order VII Rule 11 read with Section 151 C.P.C. seeking rejection of the proceedings, contending that although a rent deed was executed, the transaction was never acted upon and possession of the premises was never delivered, meaning no landlord-tenant relationship ever came into existence. The Rent Authority rejected the application, and the revisional court affirmed the order.

Findings of Court:
The respondent specifically pleaded the execution of the rent deed, the agreed rent, default in payment, and termination of tenancy. These averments, taken at face value, disclose the factual foundation for the proceedings. The petitioner's claim of non-delivery of possession is a denial of the factual effect of the transaction, which is a disputed question of fact requiring examination of evidence and cannot be determined under the limited scope of Order VII Rule 11 C.P.C.

Issues: Whether the objection that no landlord-tenant relationship came into existence due to non-delivery of possession can be determined within the limited scope of Order VII Rule 11 C.P.C. on the basis of pleadings alone, or if it is a disputed question requiring adjudication on merits.

Ratio Decidendi: The court ruled that there is a clear distinction between the disclosure of a cause of action and the proof of the facts constituting such cause of action. Since the plaint disclosed the foundational facts of the tenancy, the defendant's dispute regarding the actual delivery of possession constitutes a defense to be tried on merits rather than a ground for rejection of the plaint at the threshold.

Result: Petition stands disposed of.

Advocates Appeared:
For the Petitioner: Rama Goel Bansal, Shalini Goel
For the Respondent: Prakash Chandra Dwivedi, Raunak Gupta

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Ms. Rama Goel Bansal, learned counsel for the petitioner and Sri Atul Dayal, learned Senior Counsel, assisted by Sri Prakash Chandra Dwivedi, learned counsel for the respondent.

2. The present petition has been filed assailing the order dated 22.05.2025 passed by the Rent Authority/A.D.M. (Finance & Revenue), Baghpat, whereby the application filed by the petitioner-tenant under Order VII Rule 11 read with Section 151 C.P.C. was rejected. The petitioner has also challenged the subsequent order dated 02.05.2026 passed by the Additional District and Sessions Judge/Fast Track Court No. 1, Baghpat in Civil Revision No. 46 of 2025, whereby the order passed by the Rent Authority has been affirmed.

3. Briefly stated, the respondent instituted Rent Case No. 987 of 2022 before the Rent Authority seeking eviction/release of the petitioner from the premises situated at Khasra No. 378, Village Jahangirpur Dundaheda, Tehsil Khekra, District Baghpat. It was pleaded that an area measuring 836.12 square metres, comprising a hall, tin shed, store, office and open land, had been let out to the petitioner under a rent deed dated 24.12.2020 at a monthly rent of Rs.75,000/-. According to the respondent, three months' advance rent amounting to Rs.2,25,000/- was paid at the inception of the tenancy, but no rent was thereafter paid by the petitioner. The respondent accordingly claimed to have terminated the tenancy by notice issued under Section 106 of the Transfer of Property Act, 1882.

4. The petitioner, on the other hand, has disputed the very existence of a landlord-tenant relationship between the parties. His case is that although the rent deed dated 24.12.2020 was executed, the transaction was never acted upon and possession of the premises was never delivered to him. It is, accordingly, contended that no tenancy ever came into existence and that the proceedings instituted before the Rent Authority were, therefore, not maintainable. Reliance has also been placed upon an application submitted before the Registrar seeking cancellation of the rent deed on the ground that the transaction had not been acted upon.

5. The objection raised by the petitioner under Order VII Rule 11 C.P.C. thus proceeds on the premise that the alleged non-delivery of possession pursuant to the rent deed establishes that no landlord-tenant relationship came into existence and that the rent proceedings were consequently liable to be rejected at the threshold.

6. The question which consequently arises for consideration is whether the objection raised by the petitioner can be determined within the limited scope of the jurisdiction under Order VII Rule 11 C.P.C., on the basis of the pleadings alone, or whether the plea that no landlord- tenant relationship came into existence is a disputed question requiring examination of the pleadings, material and evidence at the stage of adjudication on merits.

7. The principles governing the exercise of jurisdiction under Order VII Rule 11 C.P.C. are well settled. While considering an objection under clause (a) thereof, the Court is required to read the plaint or application as a whole and determine whether, on a meaningful reading of the averments contained therein and taking them at their face value, the foundational facts constituting a cause of action have been pleaded. The enquiry is directed to the existence of a cause of action as disclosed from the pleadings and not to the ultimate merits or proof of the claim. At that stage, the Court is not required to conduct a mini-trial, test the truth of the averments, weigh the defence or adjudicate disputed questions of fact which require consideration of evidence.

8. The distinction between the disclosure of a cause of action and the proof of the facts constituting such cause of action assumes particular significance in the present matter. A cause of action comprises the material facts which are necessary for the plaintiff to establish in order to

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top