UMMIDI VENKATA RAO Vs. GHANTO SURESH KUMAR
LAWS(APH)-2019-8-87
HIGH COURT OF ANDHRA PRADESH
Decided on August 06,2019

Ummidi Venkata Rao Appellant
VERSUS
Ghanto Suresh Kumar Respondents


Referred Judgements :-

N RAMACHANDRA RAO VS. VASANTA RAO [REFERRED TO]
SAI BABA VS. MOHAMMAD KAREEM KHAN [REFERRED TO]


JUDGEMENT

- (1.)C.R.P.No. 2034 of 2018 arises out of order dated 01-03-2018 in I.A.No. 117 of 2016 in O.S.No. 9 of 2016 on the file of the Court of VII Additional Senior Civil Judge, Visakhapatnam (for short, 'the Court below'), by virtue of which it dismissed the above-mentioned petition which was filed by the petitioner herein to reject the plaint, under Order VII Rule 11 of C.P.C., for want of jurisdiction. C.R.P.No. 1694 of 2019 arises out of order dated 01-05-2019 in I.A.No. 481 of 2018 in I.A.No. 2 of 2016 in O.S.No. 9 of 2016 on the file of the Court below, by virtue of which it dismissed the above petition which was filed by the petitioner herein seeking to set aside ex parte order dated 01-03-2018 passed in I.A.No. 2 of 2016. The decision in C.R.P.No. 1694 of 2019 is dependant on the decision in C.R.P.No. 2034 of 2018. Hence, C.R.P.No. 2034 of 2018 is taken up for consideration in the foremost.
(2.)The petitioner-defendant, on the ground that civil suit is not maintainable in respect of the subject building, filed I.A.No. 117 of 2016 under Order VII Rule 11 of C.P.C. seeking to reject the plaint. But the Court below, considering that the suit was not filed only for the relief of eviction but is also filed for arrears of rent and damages, dismissed the petition, holding that the aspect of jurisdiction can be decided in the suit itself by framing a preliminary issue.
(3.)Assailing the said order, this revision is preferred on the grounds that the Court below ought to have seen that the age of the subject building is more than 20 years and that therefore common law remedy is not available to the respondent-plaintiff and that it also ought to have seen that the rent of the subject building is Rs.1,200/- per month and hence, it is only the rent control Court that has jurisdiction.
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