KHEMCHAND Vs. BABULAL JAIN

JUDGEMENT

(1.) THE present petition filed under Section 115, C.P.C. is directed against the final order dated 17.8.2012 in S.C.2959/11 by the learned judge of SCCH. 18. Petitioner is the plaintiff in the said suit and respondent herein is the defendant. Parties will be referred to as plaintiff and defendant as per their ranking in the trial court.

(2.) THE plaintiff chose to file a suit in the Court of Small Causes claiming himself to be the absolute owner of the schedule property. According to him, defendant is a tenant under him and that in spite of issuing a notice under Section 106 of the Transfer of Property Act, he did not vacate and hand over vacant possession of the premises. As such he was forced to file the suit for ejectment.

(3.) LEARNED counsel for the petitioner has relied on a Full Bench decision of this court reported in ILR 2011 KAR 229 in the case of Abdul Wajid v. A.S. Onkarappa to contend that 'the Small Causes Court has got all power to go into the question of title in a suit for ejectment, though title is specifically denied.