MAHENDRA PAL SINGH Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) -The plaintiff filed a Suit No. 150 of 1973 alleging that he is the owner of the premises in question and that the defendant was the tenant and that he had paid the rent upto 23.2.1966 and thereafter, did not pay the rent. The plaintiff served a notice of demand and also terminated his tenancy and thereafter, the suit was filed.

(2.) THE defendant contested the suit and denied the relationship of landlord and tenant between the parties. THE defendant contended that his father had built the house and that he was in possession of the premises in question as owner and not as a tenant.

(3.) AGGRIEVED by the decree passed by the trial court, the defendant filed a revision under Section 25 of the Provincial Small Cause Courts Act. The District Judge vide judgment and order dated 13.4.1984, allowed the revision holding that since disputed question of title was involved the same could not be decided in proceedings arising under the Provincial Small Cause Courts Act. The District Judge, therefore, allowed the revision and set aside the judgment of the trial court with the direction that the trial court should return the plaint to the plaintiff for presentation to the proper court.