DHIRENDRA KUMAR GUPTA Vs. MASHI PRASAD KAILASH NATH

JUDGEMENT

(1.) HEARD learned counsel for the applicant.

(2.) THIS revision has been filed by the tenant-defendant, Dhirendra Kumar Gupta. It appears that the plaintiff-respondent filed a suit for ejectment, recovery of arrears of rent and damages etc. against the tenant- defendant alleging himself as the landlord of the disputed premises. Admittedly, the original landlord by a registered lease-deed dated 2-8-1981 conferred rights to the present plaintiff-respondent to realise rent from the existing tenants and to file a suit for ejectment after termination of their tenancy etc. By means of an application 65-C the present applicant prayed that there is no previty of contract between the plaintiff and the defendant and a question of title is involved in the suit and the Judge, Small Causes Court has no jurisdiction to try the same. Relying upon the provisions of Section 109 of the Transfer of Property Act and also two cases referred in the judgment the Court came to the conclusion that the plaintiff has a legal right to file and maintain the present suit and rejected the application 65-C by his order dated 4-9-1989. The present revision has been filed against this order dated 4-9-1989.