NIYAMATULLAH Vs. 1ST ADDL. DISTRICT JUDGE, BAHRAICH

JUDGEMENT

(1.) By means of this writ petition, petitioners have sought for a writ in the nature of certiorari, quashing the order dated 26.10.1998, passed by the learned Judge, Small Causes Court / Civil Judge (J.D.), Bahraich, contained as Annexure No.1 and judgment and order dated 16.12.2003, passed by First Additional District Judge, Bahraich, contained as Annexure No.10, to the writ petition.

(2.) Heard learned counsel for both the parties and gone through the records.

(3.) The admitted facts between the parties are that the petitioners are tenants of the disputed premises. The opposite party no.3, claiming himself to be landlord filed a small cause case for eviction and recovery of rent and damages for use and occupation before the learned Trial Court. Opposite party no.2 filed written statement and challenged the ownership of opposite party no.3, who was plaintiff before the Judge, Small Causes Court. Replication was also filed by opposite party no.3. The suit was filed on 2.9.1992. Written statement was filed by the petitioners on 21.10.1993. The replication was filed on 22.3.1994, against which the defendants / petitioners filed another application on 22.08.1996. On the same date, the petitioners moved application before the learned Judge, Small Causes Court under Section 23 of the Provincial Small Cause Courts Act, 1887, for returning the plaint on the ground that intricate question of ownership is involved in this case, which was numbered as Paper No.116-C. It was rejected vide order dated 26.10.1998. The petitioners filed S.C.C. Revision No.21 of 1998, which was also dismissed vide judgment and order dated 16.12.2003. Aggrieved by both the orders, petitioners have knocked the door of this Court.