RASHEED Vs. NAFEES AHAMAD

JUDGEMENT

(1.) Despite repeated calls, learned counsel for the petitioner did not appear.

(2.) Heard Shri Ramesh Singh, learned counsel for the respondent.

(3.) The eviction suit no. 1 of 2015 has been filed by the opposite party against the revisionist wherein the written statement was filed on 16.4.2015 raising dispute regarding title to the suit property. It was stated by the defendant-petitioner therein that he was in occupation of the suit property being owner of the same. There is no relationship of landlord and tenant between the parties. On the dispute raised by the parties, five issues were farmed. Out of which issue no.1 was with regard to relationship of landlord and tenant, whereas issue no.4 was framed by order dated 30.10.2015 on application 40 Ga moved by the petitioner that the suit was liable to be dismissed in view of section 23 of the Provincial Small Cause Courts Act, 1887.Upon challenge made by the petitioner to the order dated 30.10.2015 in SCC Revision No. 450 of 2015, it was dismissed vide order dated 13.1.2016 with the direction that court below shall decide the issue no. 4 regarding maintainability of the suit first and then proceed to decide other issues.