NAND KISHORE Vs. VISHWANATH KAYAL

JUDGEMENT

(1.) The defendant-petitioners have preferred this revision petition under Section 115 of the Code of Civil Procedure against the impugned order dated 17.10.2011 passed by the Civil Judge (Senior Division) Fatehpur Shekhawati (District Sikar) in Civil Suit No.84/2010 whereby the learned Court below has dismissed the application under Order 7 Rule 11 CPC filed by the petitioners.

(2.) In the present revision petition the following important question of law has been raised :-

(3.) Brief relevant facts for the disposal of this petition are2 that plaintiff-non-petitioner filed a suit for eviction under the provisions of the Transfer of Property Act, 1882 against the defendant-petitioners in respect of the suit shop situated at Laxmangarh, a Municipal town, with the averment that tenancy of the petitioners has been terminated by reason of a notice dated 15.2.2010 issued under Section 106 Act. The petitioners filed an application under Order 7 Rule 11 CPC stating therein that the suit is not maintainable under the provisions of the of the Transfer of Property Act. Reply to the application was filed by the non-petitioner and the learned Court below after hearing both the parties dismissed the application vide order dated 17.10.2011. Feeling aggrieved, the petitioners are before this Court by way of this civil revision petition.