Allahabad High Court
Giriraj Kishore (Deceased) And 6 Others vs The District Judge, Hathras And 2 Others on 17 January, 2020
Author: Siddhartha Varma
Bench: Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- MATTERS UNDER ARTICLE 227 No. - 9705 of 2019 Petitioner :- Giriraj Kishore (Deceased) And 6 Others Respondent :- The District Judge, Hathras And 2 Others Counsel for Petitioner :- A.G.Karunakar,Himanshu Upadhyay Hon'ble Siddhartha Varma,J.
When a suit was filed by the plaintiff on the basis of the fact that the defendant was a licencee, the petitioners filed an application under Order VII Rule 11 C.P.C. that the suit was barred on account of the fact that the same should have been filed under the Rent Control Act i.e. Act No.13 of 1972. The two Courts below have rejected the application filed under Order VII Rule 11 and have held that whether the defendant was a licencee or a tenant, would be a matter of adjudication after framing of issues.
Under such circumstances, no interference is, therefore, required in the instant petition. If the petitioners raise the issue of their not being a licencee then an issue shall be framed and shall be decided.
With these observations, the petition is, accordingly, dismissed.
Order Date :- 17.1.2020 GS (Siddhartha Varma, J.)