MOHD.YAMIN, J. - (1.) THIS revision petition has been preferred against the order of learned Civil Judge (JD) No. 6, Jodhpur dated 20.10.97 by which he dismissed the application of the petitioners under Order 7 Rule 11 CPC.
(2.) I have heard the learned Counsel for both the parties at length. The controversy is very short. A civil suit for eviction was filed against the petitioners. Originally Shyamlal was the defendant who died during the pendency of the suit and his legal representatives were brought on record. After amendment of the plaint defendants submitted an application under Order 7 Rules 1 CPC that the legal representatives of the defendants were trespassers according to the amended plaint and, therefore, the suit should be dismissed. This application was dismissed by the impugned order. The controversy is whether after the death of original tenant his successors become trespassers and. consequently whether the suit filed under the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred as 'the Act') would continue or the plaintiff has to file a separate suit under the general law for eviction of the trespassers.
(3.) LEARNED Counsel for the petitioners submitted that separate suit should be filed and the legal representatives who are not tenants cannot be given protection under the Act.;