SALIMUDDIN Vs. HAJJAN MISROZ BEGUM

JUDGEMENT

(1.) The tenant has filed this petition for quashing the judgment dated 8th February, 2011 passed by the Court of Small Causes by which SCC Suit No. 118 of 2008 filed by the landlord for eviction of the petitioner and for payment of arrears of rent was decreed. The petitioner has also sought the quashing of the judgment and order dated 15th November, 2011 by which the Revision filed by him for setting aside the aforesaid judgment was dismissed.

(2.) The plaintiff-respondent-landlord filed SCC Suit No.118 of 2008 for eviction and payment of arrears of rent treating herself to be the landlord on the basis of the registered sale deed dated 12th May, 2006. It was stated that rent from 12th May, 2006 was not paid to her by the petitioner-tenant despite repeated notices.

(3.) A written statement was filed by the defendant-tenant. It was denied that the plaintiff-respondent was the landlord and it was asserted that the landlord was the Waqf Board, to whom the petitioner had been paying rent. It was, therefore, stated that the plaint was required to be returned under Section 23 of the Provincial Small Causes Court Act, 1887 to be presented before the appropriate Court having jurisdiction to determine the title. The Court of Small Causes did not accept the plea of the petitioner-tenant that the defendant-respondent was not the landlord and as there was default in payment of rent, the suit was decreed. The Revisional Court has confirmed this finding.