SURESH Vs. RAM BHAROSEY LAL GUPTA

JUDGEMENT

(1.) Heard Sri S.K.Verma, Senior Advocate, assisted by Sri G.R.S. Pal, Advocate, for the petitioners and Sri Y.S.Saxena, Advocate, for the respondents.

(2.) This is tenants' writ petition, who are facing eviction from a residential accommodation situated at Sadar Bazar, Dataganj, Badaun having lost small cause suit for eviction in both the Courts below.

(3.) One of the basic question sought to be raised by learned counsel for petitioners is that there was a title dispute and, therefore, plaint ought to have been returned under Section 23 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as "Act, 1887") but the Courts below in proceeding to decide small cause suit have erred in law and the impugned judgments, thus are wholly without jurisdiction. It is also said that suit is barred by time, power of attorney in favour of plaintiff was defective and the suit was not maintainable.