DINESH MAHAJAN Vs. COL RETD NARINDER SHARMA

JUDGEMENT

(1.) Eviction of the petitioner is sought from House No. 2-B/C Gandhi Nagar Jammu, comprising of three bed rooms, two bath rooms, one drawing room, lobby, kitchen, store, terrace and verandah. The grounds for seeking eviction are as under:

(2.) An application was filed by the peti-tioner before the trial Court seeking rejec-tion of the suit under Order 7, Rule 11, on the ground that plaintiff-respondent had filed an application under Section 11-A of the Jammu and Kashmir Houses and Shops Rent Control Act, which has been dismissed and an appeal stands filed before the appropriate forum. The grounds taken in the application seeking rejection of the plaint are that the present suit cannot be filed as it provides two remedies to a landlord, which is not permis-sible under law and secondly, that the grounds taken up in the present suit should have been taken in the application under Sec-tion 11-A, as such, the present suit is hit by Order 7, Rule 11.

(3.) In essence, what is being stated is that all the reliefs should have been clubbed in the application under Section 11 -A or instead of pursuing the remedy under Section 11-A, a proper suit should have been filed contain-ing all the grounds taken in the present suit.