SARASWATI DEVI Vs. TABASSUSUM GAZALA

JUDGEMENT

(1.) In this writ petition filed by the defendant/tenant challenge has been made to the order dated 9.10.2012 passed by the Additional Judge, Small Cause Court, Allahabad rejecting her application under Section 23 of the Provincial Small Cause Courts Act, 1887 (in short "the Act") and the revisional order thereto dated 12.2.2013 passed by the Additional District Judge, Allahabad.

(2.) The dispute is regarding bungalow No.11, Kanpur Road, Allahabad. Plaintiff/respondent is claiming ownership over it by virtue of free hold deed dated 29.3.2004. On the other hand, the defendant/petitioner claims that there is a dispute of ownership and certain other persons, namely successors of K.B.Garg are claiming ownership over the same in connection with which civil suits between the parties are pending. Even the free hold deed dated 29.3.2004 is the subject matter of challenge in one of the suits.

(3.) The courts below have refused to return the plaint for presentation to the regular civil court as the petitioner accepts herself to be the tenant and the above free hold deed dated 29.3.2004 is a document of title evidencing the ownership of the plaintiff/respondent.