HARNAM SINGH Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and also perused the record.

(2.) I have considered the submissions made by the learned Counsel for the petitioner. It is well settled in law that if any suit filed on the basis of relationship of landlord and tenant, question of title incidentally arises, the Judge, Small Court should decide the said question. In the present case, according to the findings recorded by the Courts the name of the plaintiff was not even recorded over the property in dispute. He, therefore, without proof of his title over the property in dispute could not succeed. The question of title could be decided by a Civil Court of competent jurisdiction. Sub -section (1) of Section 23 of the Provincial Small Cause Courts Act provides as under: