MOHD. IQBAL AHMAD Vs. SMT. NOOR FATMA

JUDGEMENT

(1.) By means of the present petition, the petitioner is challenging the judgment and order dated 24.8.2017 passed by the District Judge, Kasganj in S.C.C. Revision No.Nil of 2017 (Md. Iqbal Ahmad v. Noor Fatima) arising out of the order dated 10.7.2017 passed by the Judge, Small Causes Court, Civil Judge (Senior Division), Kasganj.

(2.) By means of the order dated 10.7.2017, the application 23-C moved by the petitioner/defendant praying for rejection of suit of the plaintiff/respondent on account of pendency of the partition suit and that she has concealed material facts was rejected on the ground that the disputed question of title cannot be seen in the limited jurisdiction by the S.C.C. Court. The revision filed by the petitioner has also been dismissed on this ground.

(3.) Challenging the orders impugned, learned counsel for the petitioner submits that by filing the eviction suit, plaintiff Smt. Noor Fatma (wife of one of the co-sharers) is trying to get her title adjudicated and is claiming ownership over the share of one of the co-sharers on the basis of sale deed dated 4.12.2010. It is submitted that the partition suit has been filed on 24.8.2009 between the co-sharers, it was not open for one co-sharer to sell his share to the wife of another co-sharer. Even otherwise, on the basis of said sale deed, she cannot claim title to the suit property. Moreover, the claim of plaintiff claiming title to the suit property cannot be adjudicated by the S.C.C. Court as it would be beyond its jurisdiction.