GULAB CHAND VERMA Vs. BADRI NARAIN MISHRA

JUDGEMENT

(1.) In this writ petition at the time of argument no one appeared for tenant respondent hence only learned counsel for the landlord petitioner was heard.

(2.) Shri Rajendra Kumar, Advocate had filed Caveat on brhalf of respondent. On 18- 11-2003 he prayed for and was granted three weeks' time for filing counter-affidavit. By the same order dated 18-11-2003 it was directed that the case should be listed for admission/final disposal in the week commencing 22-1-2004. No counter-affidavit has been filed.

(3.) Landlord petitioner filed SCC suit No.6 of 1986 against tenant respondent for ejectment from the property in dispute and recovery of arrears of rent. JSCC/Civil Judge (SD), Ghazipur through judgment and decree dated 3-1-2000 decreed the suit for the reliefs claimed in the plaint. Tenant respondent filed revision against the said judgment and decree being SCC revision No. 1 of 2000. 1st Addl. District Judge, Ghazipur through judgment and order dated 7-11-2003 allowed the revision, set aside the judgment and decree passed by the JSCC and directed the plaint to be returned to the plaintiff for presentation in proper court/Civil Court as complicated question of title was involved in terms of Section 23 Provincial Small Causes Court Act. Landlord has filed this writ petition against the said Judgment and order passed by the Revisional Court.