RAKESH SINGH Vs. DEEP RAJ SHUKLA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This revision filed under Section 25 of the Provincial Small Causes Court Act, 1887 arises out of an order dated 23.12016 passed by the court below on an application filed under Order 15, Rule 5 of the Code of Civil Procedure, 1908 by the opposite party who being a subsequent purchaser of the disputed property claims himself to be the landlord. Suit for eviction filed by the opposite party coupled with the prayer for recovery of arrears of rent and damages is pending.

(3.) Sri N.K. Shukla, learned Counsel for the opposite party has raised a preliminary objection against the maintainability of the instant revision on the ground that the impugned order has since not decided the suit finally as such the revision may not be maintainable within the scope of Section 25 of the Provincial Small Causes Court Act, 1887. He has relied upon a judgment of this Court reported in Allahabad Rent Cases, 1980 page 436 rendered in the case of Banaras Education Society, J.H. School v. Vth Addl. Distt. & Sessions Judge, Varanasi and others.