REKHA DEVI Vs. BUNIYAD HUSSAIN

JUDGEMENT

(1.) By means of present civil revision, plaintiff/ revisionist seeks to set aside the order dated 21.05.2015, passed by learned Judge, Small Causes Court / Addl. District Judge, Vikasnagar, Dehradun in SCC suit no. 33 of 2012, titled as Smt. Rekha Devi v. Buniyad Husain, whereby application 36-C filed by the plaintiff / revisionist under Order XV Rule 5 of CPC has been kept on hold to decide the same after the evidence were led by the parties.

(2.) Plaintiff moved an application under Order XV Rule 5 of CPC before learned Judge, Small Causes Court for striking off the defence of defendant no. 1 on the grounds, inter alia, that the defendant has not been able to deposit the entire rent amount due on the first date of hearing and, therefore, his defence was liable to be struck off. Defendant no. 1 filed his objections against the same pleading that the application of the plaintiff was not maintainable, inasmuch as there is a dispute of landlord-tenant relationship between them. Defendant no. 1 also pleaded that the SCC suit was barred by Section 23 of Small Causes Court Act. The plaintiff has instituted the suit for realization of rent and ejectment against defendant no. 1. Defendant no. 1, in his written statement, denied that plaintiff was her landlord. He said so, on the basis of agreement to sell, which was neither a registered document nor duly stamped. Plaintiff claimed herself to be the owner-in-possession on the basis of such unregistered agreement to sell.

(3.) Learned Judge, Small Causes Court has observed in the impugned order that the plaintiff has not been able to establish, even prima facie, that she is the landlord and defendant is the tenant in the premises in question, inasmuch as, no document has been filed in support thereof. The court below was, therefore, of the view that the same will be decided at the time of final hearing.