RAM PATI RAM Vs. DISTRICT JUDGE, BAIIA

JUDGEMENT

(1.) THIS writ petition is directed against the order passed by the learned District Judge, Balia allowing the revision after setting aside the order passed by the Judge, Small Causes Court and ordering the plaint to be returned to the plaintiff for presenting it on the regular side before the Civil Courts.

(2.) THE facts of the case, briefly are that the plaintiff filed a suit for ejectment and arrears of rent against Sri Niwas, respondent No. 2 from the disputed shop on the ground that the petitioner was the landlord of the disputed shop of which the respondent No. 2 Shri Niwas was the tenant on a rent of Rs. 200 per month and failed to pay arrears of rent inspite of the notice of demand and further that since the shop in dispute had been constructed in the year 1981-82 and hence the U.P. Act No. 13 of 1972 did not apply in the case and on these allegations filed the suit for ejectment and arrears or rent.

(3.) THE Judge, Small Causes Court on going through the evidence on record, held that the relationship of landlord and tenant between the parties is well established and since respondent No. 2 was found to be in arrears of rent the suit for recovery of arrears of rent and ejectment was decreed against him. Feeling aggrieved, respondent No. 2 went up in revision before the District Judge, Balia, who however, held that the relationship of landlord and tenant was not established between the parties and hence allowed the revision setting aside the judgment and decree passed by the Judge, Small Causes Court and ordering the plaint to be returned to the plaintiff for presentation before the proper Civil Court. The petitioner has now preferred the present writ petition against the order passed by the learned District Judge.