- (1.) Supplementary affidavit has been filed today on behalf of the petitioner, the same may be taken on record. This writ petition is directed against the order dated 24.05.2011, whereby the Additional District Judge, Court No. 7, Moradabad in SCC Case No. 09 of 2008 (Smt. Nazma v. Usman) has rejected the application filed by the petitioner under order 7 Rule 11 of the C. P. C. Brief facts of the case are as follows:- A suit for arrears of rent and ejectment was filed by the plaintiff-respondent on 14.05.2008. During the pendency of the said suit, the petitioner also filed a suit for cancellation of sale deeds dated 28.12.2002 and 20.03.2006 (which was registered as Original Suit No. 130 of 2008, Usman Khan v. Nazma Begum and others, and the same is pending before the Civil Judge (Junior Division), Thakurdwara, Moradabad) wherein it was further prayed that the proceedings of the present suit no. 9 of 2008 be stayedduring the pendency of the said application and the said application was dismissed by the court below by order dated 19.05.2009. Thereafter, the petitioner filed yet another application under order 7 Rule 11 challenging the title of the petitioner and submitted that there is no landlord tenant relationship between the parties, as the suit is barred by law and not maintainable. The respondent filed its objection to the said application under Order 7 Rule 11 and the court below by order dated 24.05.2011 dismissed the aforementioned application under Order 7 Rule 11. Hence the present writ petition.
(2.) Learned counsel for the petitioner has submitted that the petitioner is the owner of the shop in question and the suit for cancellation of sale deeds is already pending before the Civil Judge, (Junior Division), Moradabad and is carrying on his business in the said shop and there is no landlord tenant relationship between the parties, thus it is not maintainable and is barred by law under Order 7 Rule 11 of C. P. C.
(3.) Heard learned counsel for the parties and perused the record.;