ORDER:

This revision petition is filed under Article 227 of the Constitution of India against the order dated 03.02.2025 dismissing the petition in I.A.No.706 of 2024 in O.S.No.86 of 2024 on the file of the Court of Additional Civil Judge (Senior Division), Kurnool filed by the defendants under Order VII, Rule 11 CPC to reject the plaint.

2. The respondent / plaintiff filed suit not to evict the plaintiff from the plaint schedule property. The defendants filed I.A.No.706 of 2024 stating that there is an arbitration clause in the lease deed i.e., clause No.17, which states that any dispute in respect of the plaint schedule property shall be referred to arbitrator under the Arbitration and Conciliation Act, 1996 (in short “the Act”), however the plaintiff filed the suit suppressing the said clause, despite being fully aware of it and therefore, the suit is not maintainable and liable to be rejected.

3. The respondent filed counter opposing the petition and contending that the subject matter of the case being a right in rem, is not arbitrable; that an arbitration clause in a contract does not automatically exclude the jurisdiction of a civil Court and but usually indicates that the p