1. Heard on admission.

This revision is filed against the order dated 21.4.2005 passed by Vth Civil Judge, Class II, Gwalior whereby the application under Order 7 Rule 11 of CPC filed by the plaintiff was rejected.

2. In the tenanted premises there is a passage towards main road Naya Bazar, Lashkar, Gwalior for incoming and outgoing to the suit house. The owner started raising obstruction in the said passage by keeping his goods which causes inconvenience to the non-applicant/plaintiff and as such he filed a suit for declaration and permanent injunction to declare that he is tenant of the applicant/defendant over the disputed house and paying the rent at the rate of Rs. 75/- per month and applicant be restrained from dispossessing him from the suit house without following the due process of law and further defendant be injected not to obstruct the way in any way directly on indirectly by putting the lock etc. The plaintiff also moved an application for grant of temporary injunction. The applicant submitted its reply and preliminary objection regarding maintainability of the suit under section 45 of M.P. Accommodation Control Act (hereinafter referred to as "the Act") and s