PRADEEP KUMAR GUPTA Vs. KANCHAN CHHABRA AND ORS.

JUDGEMENT

(1.) The short question involved in this revision is as to whether in a case where a tenant denies the title of his landlord and claims himself to be the owner of the premises in question, the Court of Judge Small Causes should return the plaint for presentation to the proper Court as provided under Section 23 of the Provincial Small Causes Courts Act.

(2.) I have heard Shri Jaspreet Singh, learned counsel for the revisionist and Shri N.K. Seth, learned Senior Advocate assisted by Shri Sachin Garg on behalf of the opposite parties and have also perused the record.

(3.) The facts in brief are that the opposite party No.1 filed a suit for arrears and ejectment and damages for use and occupation against the revisionist and the opposite parties No.2 to 9, who were proforma defendants in the suit. The opposite party No.1 claimed herself to be the owner and landlady of the premises in question and the revisionist-defendant was shown as her tenant. The revisionist in the year 2010 i.e. after three years of the institution of suit, filed an application under Section 23 of the Provincial Small Causes Courts Act for return of the plaint on the ground that he has never been the tenant of the opposite party No.1. The subject matter of the dispute between the parties is a house bearing Municipal No.215/451, situated at Subhash Marg, Naka Hindola, Lucknow measuring 1000 sq. ft. falling in Khasra Plot No.337 of old revenue village Mohalla Dugawan, Paragna, Tehsil and District Lucknow. The revisionist while denying the ownership of the opposite party No.1, claimed himself to be the owner having purchased the same from its rightful owner Maharaja Dharmendra Prasad Singh vide registered sale-deed dated 02.07.2004. According to the revisionist, he was living in the premises in his own rights as owner of the property. With the aforesaid allegations, it was prayed that since the suit involves complicated question of title, therefore, the plaint be returned to be presented before proper Court to adjudicate the dispute of title between the parties.