Case Note & Summary
The petitioner, original defendant in Regular Civil Suit No.447/2009, filed a Civil Revision Application challenging the order dated 23.09.2010 passed by the 5th Joint Civil Judge, Junior Division, Latur, rejecting his application under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC) for rejection of the plaint. The respondent-plaintiff had instituted the suit for recovery of Rs.39,000/- as arrears of rent, claiming that the defendant was a tenant in her residential premises at a monthly rent of Rs.1500/- since December 2006, and had defaulted from May 2007 for 26 months. The defendant filed a written statement denying the oral tenancy agreement, the plaintiff's ownership of the suit premises, and the relationship of landlord and tenant. He claimed that the property belonged to his sister and had been bequeathed to him. The defendant then moved an application under Order VII Rule 11(d) CPC contending that the plaint did not disclose a cause of action and was barred by law. The trial court rejected the application, leading to the revision. The High Court, after hearing both sides, held that the defendant's denial of the landlord-tenant relationship raised a triable issue, and the plaint could not be rejected summarily under Order VII Rule 11(d) CPC. The court observed that the application was premature and that the issues raised required evidence. Consequently, the Civil Revision Application was dismissed, and the trial court was directed to proceed with the suit in accordance with law.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(d) CPC - Denial of Relationship - The defendant's application under Order VII Rule 11(d) CPC for rejection of the plaint was rejected by the trial court. The High Court held that when the defendant denies the relationship of landlord and tenant, the plaint cannot be rejected summarily as it raises a triable issue. The court must proceed to trial and decide the issue after recording evidence. (Paras 2-5)
Issue of Consideration
Whether the trial court was justified in rejecting the defendant's application under Order VII Rule 11(d) CPC for rejection of the plaint in a suit for recovery of arrears of rent, where the defendant denied the relationship of landlord and tenant.
Final Decision
The Civil Revision Application is dismissed. The order dated 23.09.2010 passed by the 5th Joint Civil Judge, Junior Division, Latur, rejecting the application under Order VII Rule 11(d) CPC is confirmed. The trial court is directed to proceed with the suit in accordance with law.
Law Points
- Order VII Rule 11(d) CPC
- rejection of plaint
- triable issue
- denial of landlord-tenant relationship
- summary rejection
