AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi Malimath
The respondent filed S.C,.No.2030/ 2011 before the IX Additional Senior Civil Judge, Court of Small Causes, Member, MACT - 7, Bangalore, as per Annexure - H seeking for a decree of eviction of the defendant from the petition schedule premises. IA.No.5 was filed by the defendant u/s 151 CPC to hear regarding maintainability of the suit in view of the complicated questions of law and facts involved in the suit. The Trial Court by the impugned order dismissed the said application. Hence, the present petition.
The only contention advanced by the Learned Counsel for the petitioner is that, he has raised complicated questions of facts and jaw. A suit u/s 92 CPC has been filed against the Trust regarding appointment of the Trustees and mis-management and an amended petition in Misc.No.84/2003 in 0.S.No.15/1939-40 was subsequently filed. Therefore, he contended that, till disposal of this petition, the present suit has to be stayed. The Trial Court while considering the said application held that there was relationship of landlord and tenant and that a mere denial by the defendant is not sufficient. That the defendant is estopped by questioning the facts u/s 16 of the Evidence Act. Under these circumstances, I do not find any error committing by the Trial Court in dismissing the application. The Trial Court has dismissed the application on merits. It is not in dispute that the defendant is a tenant under the plaintiff. The only ground urged by the defendant is that, in view of the pendency of Misc 84/2003 in 0.S.15/1939-40, the present suit cannot be proceeded with. I''am unable to accept the said contention. The acceptance or pendency of the Misc.application has no nexus with the present suit. Under these circumstances, the petition is devoid of merits and accordingly, it is dismissed.