NASIRUDDIN Vs. ZAMEEL AHMAD ANSARI

JUDGEMENT

(1.) -The petitioner is a tenant of the premises in dispute. There being default in payment of rent, the landlord filed S.C.C. Suit No. 15 of 2003 in the court of Judge Small Causes Court, Bijnor. The petitioner filed an application (paper No. 34C) praying therein that the question of jurisdiction of the Judge Small Causes Court be determined first as Smt. Saeeda Begum had executed a registered agreement of sale on 19.7.2000 in his favour after taking advance amount of Rs. 50,000 out of total sale consideration of Rs. 1,25,000. It may be noticed that Smt. Saeeda Begum has not filed the suit for arrears of rent and ejectment, while the suit has been filed by Zameel Ahmad Ansari and Mohd. Iqbal Mansoor claiming themselves to be owner and landlord. This application of the tenant petitioner was opposed by the landlord and objection to the same was filed. The trial court vide order dated 17.8.2004, came to the conclusion that the title does not stand transferred in the petitioner tenant merely on the basis of the agreement to sell and, therefore, there is no dispute of title involved and accordingly rejected the application. The petitioner preferred a revision against the said order being S.C.C. Revision No. 28 of 2004. The said revision has also been dismissed by the District Judge, Bijnor, vide judgment dated 9.12.2004. Aggrieved by the same the petitioner has filed the present writ petition.

(2.) I have heard Sri Ramesh Kumar Shukla learned counsel for the petitioner and have also perused the record.