AYODHAY PRASAD Vs. ADDITIONAL DISTRICT JUDGE UNNAO

JUDGEMENT

(1.) The short question involved in this petition is as to whether in a suit for eviction filed by the lessor against his lessee, the court is obliged to return the plaint for presentation to the proper court, if the lessee denies the title of the lessor and sets up the title in himself .

(2.) The opposite party no.3 claiming himself to be the owner and landlord of a shop situated on Hanmanbagh Chandra Shekhar Azad Marg Road, Chauraha Unnao filed a suit against the tenant-petitioner with the allegation that the tenant-petitioner was a tenant of the said room on a monthly rent of Rs.100/-. The tenant-petitioner did not pay any rent with effect from June 1987 and as such a notice in writing was issued to him demanding the arrears of rent and terminating his tenancy which was served upon him on 08.02.1992. The tenant-petitioner in spite of sufficient service of notice neither paid the arrears of rent nor vacated the shop in his occupation.

(3.) The tenant-petitioner contested the suit by filing the written statement and denying his status as tenant. He claimed that the room in his occupation was his ancestral property and the opposite party no.3 landlord had no concern with it. It was further stated in the written statement that the said room was not situated in Hanumanbagh. The tenant-petitioner further raised a plea that since the question of title was involved in suit, the court was not competent to entertain and hear the same.