SAWAI SINGH BHATI S/O BHANU JI BHATI Vs. MANAK SINGH S/O SHRI BHANU SINGH JI
LAWS(RAJ)-2018-4-52
HIGH COURT OF RAJASTHAN
Decided on April 06,2018

Sawai Singh Bhati S/O Bhanu Ji Bhati Appellant
VERSUS
Manak Singh S/O Shri Bhanu Singh Ji Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This revision petition has been filed by the petitioners aggrieved against the order dated 18.1.2018 passed by the trial court, whereby, the oral objection raised by the petitioners during course of submissions in the application under Order XXXIX Rule 1 & 2 CPC pertaining to jurisdiction of the Court, has been decided in the main suit and it has been kept open for the petitioners to raise the said objection in the suit, wherein, after taking evidence, the issue would be decided.
(2.) A suit for permanent injunction was filed by the respondent No.1 - plaintiff against the respondents No.2 to 4 and petitioners. Alongwith the suit, an application under Order XXXIX Rule 1 & 2 CPC was filed.
(3.) During the course of submissions on application under Order XXXIX Rule 1 & 2 CPC, the petitioner raised objection about the maintainability of the suit based on provisions of Section 18 of the Rajasthan Rent Control Act, 2001 ('the Act of 2001') and submitted that the jurisdiction for the subject-matter of the suit lies with the Rent Tribunal and, therefore, the plaintiff was not entitled for grant of injunction.;


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