SANGEET LODHA,J. - (1.) This writ petition is directed against order dated 17.5.16 passed by the Civil Judge, Ladnu, whereby an application preferred by the petitioner-defendant under Order 7, Rule 11 , CPC, seeking rejection of the plaint, stands dismissed.
(2.) The relevant facts are that the respondent plaintiff filed a suit for eviction against the petitioner after service of notice terminating the tenancy in terms of provisions of Section 106 of the Transfer of Property Act, 1888 ('the Act'). The plaintiff averred that the defendant has failed to pay the rent of the property leased out for the months of July and August, 2015 and did not vacate the premises after expiry of period of lease i.e. 11 months. The suit is being contested by the petitioner-defendant by filing a written statement thereto.
(3.) During the pendency of the suit, the petitioner defendant preferred an application under Order 7, Rule 11 CPC, seeking rejection of the plaint on the ground that a suit earlier filed by the plaintiff's father was dismissed as withdrawn in the spirit of Lok Adalat vide order dated 27.3.12 passed by the civil court of competent jurisdiction. It was further averred that the rent upto 20.3.16 was paid to the plaintiff's father and therefore, there being no default in payment of rent, the suit preferred does not disclose any cause of action. That apart, it was contended that the plaintiff has no bona fide necessity of the suit premises and therefore, the suit is liable to be dismissed in absence of accrual of any cause of action.;