JAGANNATH PRASAD Vs. SPECIAL JUDGE AND ORS.

JUDGEMENT

(1.) A suit for rent and ejectment was filed by respondent No, 3 against the petitioner in the Court of Judge Small Causes, Aligarh. The case of respondent No. 3 is that a decree for specific performance of an agreement to sell was passed in his favour against respondent No. 6 and on the strength of that decree a sale deed was executed by respondent No. 6 and that respondent No. 3 thus became owner/landlord of the property in dispute. In defence the tenant -petitioner denied the title of respondent No. 3 and alleged that the property in dispute in Waqf property which the respondent No. 6 had no right to sell and the agreement to sell was in breach of section 49A of U.P. Muslim Waqf Act, 1960 having been executed without approval of the Waqf Board. An application was filed by the tenant -petitioner under section 23 of Provincial Small Cause Court Act alleging that the suit involves question of title and as such is liable to be tried on regular side. The application was rejected by the Trial Court. Aggrieved, the tenant -petitioner filed a revision, which too was dismissed. Against these orders, the present writ petition has been filed.

(2.) IT is stated by Shri J.J. Munir learned Counsel for the respondent No. 3 that respondent Nos. 4 and 5 who were described in the plaint as sub -tenants did not contest the suit and the respondent No. 6 has already executed sale deed in favour of respondent No. 3. Thus the respondent No. 3, the plaintiff appears to be the only contesting respondent in this petition. Sri Munir states that the writ petition may be allowed and the application of the petitioner for returning plaint to the regular side be allowed. In view of the concession made by Shri J.J. Munir learned Counsel for respondent this writ petition is allowed. The order of both the Courts below dated 7.12.1995 (Annexure XI to the writ petition) and 25.11.1994 (Annexure X to the writ petition) are quashed. The plaint will be returned to respondent No. 3 -plaintiff for being presented on the regular side of the Civil Court. Counsel for the parties agree that they will co -operate for early disposal of the suit.