Defence Taken in Written Statement Cannot Be Used as Ground for Rejection of Plaint Under Order VII Rule 11 CPC: Allahabad High Court

The Allahabad High Court considered a tenancy dispute between Neeraj Maheshwari and Shri Narayanlal Dharamshala Trust, Kasganj over a shop at Bazaar Nadrai Gate, near Jain Mandir, Kasganj. The Trust had filed an eviction case alleging that rent had not been paid from 01.10.2016 and that notices had been issued to end the tenancy. Neeraj Maheshwari argued that the Trust's plaint did not disclose a cause of action and also…