MOHD RASHID Vs. INCHARGE DISTRICTJUDGE

JUDGEMENT

(1.) Heard Sri Sudhir Shandilya, counsel for the Petitioner and perused the record. Counsel for the Respondent is not present even in the revised list

(2.) Respondent No. 3 filed S.C.C. Case No. 31 of 2001 in the Court of Small Causes, Jhansi for eviction of the Petitioner from a shop situated in house No. 252/1 (new number 986), C.P. Mission Compound, Jhansi and payment of arrears of rent and damages. The suit was contested by the Petitioner by filing his written statement wherein he denied the title of Respondent No. 3- Smt. Suneeta Gupta wife of Sri Anil Kumar Gupta on the ground that shop is situated over plot No. 2533 whose owner is his mother which was purchased by his mother through a sale deed dated 16.5.1991.

(3.) The Petitioner moved an application under Section 23 of Provincial Small Cause Courts Act, 1987, praying for return of the plaint for being presented before the appropriate Court having jurisdiction to determine the title as according to him intricate question of title was involved in the case. This application was objected to by Respondent No. 3 inter alia that SCC suit was maintainable.