ARUN BHANSALI,J. - (1.) This revision petition is directed against the order dated 28/11/2016 passed by the Rent Tribunal, Jodhpur Metropolitan, whereby, the application filed by the petitioner under Order 7 Rule 11 CPC read with section 151 CPC has been rejected.
(2.) The respondent landlord filed a petition for eviction of the petitioner from the suit premises inter alia with the averments that the paid-up share capital of the petitioner company is Rs. 19,36,79,200/- and, therefore, Chapter II and III of the Rent Control Act, 2001 ('the Act') were not applicable as under the provisions of Section 3 (x) any premises let to a private limited company having a share capital of Rs. 1 crore or more, the provisions of Chapter II and III of the Act do not apply. It was indicated that though the lease period had already expired, on 25/1/2016 a notice terminating the tenancy was issued and when despite termination of tenancy the possession was not handed over, the petition is being filed seeking possession and arrears of rent and mesne profit.
(3.) On notice being issued, the petitioner put in appearance and filed an application under Order 7 Rule 11 CPC inter alia with the averments that the petition has been filed indicating exemption from provisions of Chapter II and III of the Act under the provisions of Transfer of Property Act, which is not maintainable inasmuch as in terms or Section 3 (x) of the Act, the paid-up share capital of the private limited company must be Rs. 1 crore or more on the date when the premises were let out, however, there is no averment in the application that the paid-up share capital of the petitioner company was Rs. 1 crore or more at the time of letting out the premises. It was also submitted that the paid-up share capital of the petitioner company was Rs. 23,53,100/- during the period 16/1/2006 to 31/3/2006 and, therefore, the petition for eviction was liable to be rejected under the provisions of Order 7 Rule 11 CPC.;