AMIR JAHAN Vs. DISTRICT JUDGE RAMPUR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 21-12-1987 whereby the Judge, Small Causes Court directed to return the plaint filed by the petitioner to the Competent Court on a regular side in the Civil Court and the order of the Revisional Court dated 25-2-1988 affirming the said order in revision.

(2.) THE petitioner filed the suit for recovery of arrears of rent, ejectment and damages against Respondent No. 3 with the allegations that Respondent No. 3 is her tenant in the house in question. He failed to pay rent since December 1982. She sent a notice dated 9-4-1985 demand ing arrears of rent and terminating the tenancy but in spite of service of notice the respondent did not comply with the same. Respondent No. 3 contested the suit and it was alleged that his wife, Smt. Races Begum, has obtained a sale-deed in respect of this house from Amanat Ullah and Faiz Ullah and as such she has become owner of the house. He is residing in the house in question in the capacity of husband of Races Begum and denied that there is any relationship of landlord and tenant. THE petitioner filed a replication alleging that the sale-deed has been obtained by a fraud and misrepresentation.

(3.) THE controversy is whether the sale-deed obtained by the wife of Respon dent No. 3 is valid. THE petitioner has filed a replication that the sale-deed obtained by the wife of Respondent No. 3 from Amanat Ullah and Faiz Ullah dated 11-4-1983 was obtained by fraud and mis-repre sentation by obtaining thumb impression on blank papers. THE sale-deed on these allegations was voidable and the petitioner could have filed a regular suit challenging the validity of the sale-deed.