CR No.1206/2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.1206/2010 Date of decision: 29.08.2011 Rajesh Kumar Sachdeva and another ....................Petitioners v. Mrs.Leelawanti Wadhwa and another .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Sanjay Vij,Advocate for the petitioners. Mr.Arun Jain,Senior Advocate with Mr.Arnav Kumar,Advocate for respondent no.1 Jaswant Singh.J.(Oral) Petitioners/ defendants1 and 2 have filed the present revision petition under Article 227 of the Constitution praying for setting aside the order dated 4.11.2009(P1) passed by the learned trial court whereby their application under Order 7 Rule 11 CPC for rejection of the plaint has been dismissed. It is apparent that respondent no.1 Mrs.Leelawanti Wadhwa filed a suit for injunction seeking to restrain defendant no.3 (respondent no.2 herein) from disconnecting the electricity connection to the shop in possession of the plaintiff on account of encroachment made on the corridor in front of the shop. Defendants 1 and 2, who are the CR No.1206/2010 2 landlords filed an application under Order 7 Rule 11 CPC for rejection of the plaint on the ground that that plaintiff-Mrs.Leelawanti Wadhwa has no cause for filing the presence suit since she is not tenant of the landlords. It is asserted that M/s Super Bakery was inducted vide registered lease deed dated 14.5.2003 for a period of five years. It is further submitted that the lease deed having expired in the year 2008 eviction proceedings had been initiated against M/s Super Bakery. The learned trial court prima facie found that Mrs. Leelawanti Wadhwa was the sole proprietor of M/s Super Bakery and the firm and the proprietor not being separate entities the suit was maintainable. At the time of hearing today, learned counsel for the respondents/plaintiffs has placed on record Annexures R1,R2 and R3 which relate to Income Tax Department and statement of accounts depicting Mrs.Leelawanti Wadhwa as the sole proprietor of M/s Super Bakery. Even otherwise, at the time of hearring learned counsel for the petitioner very fairly concedes that Mrs.Leelawanti Wadhwa proprietor of M/s Super Bakery be considered as the lessee. In view of the aforesaid submission learned counsel for the petitioners/defendants concedes that the present revision petition has become infructuous. Dismissed as infructuous. 29.08.2011 (Jaswant Singh) joshi Judge