YASIN Vs. FIRST A D J BIJNOR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the order dated 2-9-1996 passed by respondent No. 1 allowing the revision against the judgment of Judge Small Causes Court and remanding the case toil.

(2.) THE facts of the case, in brief, are that respondents 2 to 10 filed suit No. 4 of 1983 in the Court of Judge Small Causes, Bijnor for recovery of rent, ejectment and damages for use and occupation of the premises in dispute against the petitioners on the al legation that the property in dispute was purchased from Sri Jitendra Vir Singh through a registered sale-deed dated 14-6-1976 as well as additional sale- deed dated 13-3-1982. Shri Jitendra Vir Singh had suc ceeded to the property in dispute from Raghunandan Singh arid Randhir Singh. THE ancestors of the defendants had ex ecuted a registered rent-note on 9-5-1941 in favour of Raghunandan and Ranvir Singh, the then owner of the property. Petitioners succeeded to the tenancy right and are in possession over the property in question as tenants.

(3.) THE learned counsel for the petitioners has urged that respondent was not justified in remanding the matter to Judge Small Causes Court, after setting aside its order. In Smt. Krishna Devi and others v. IVth Additional District Judge, Saharanpur and others 1994 (2) ARC 248; this Court took the view that under Section 25 of the Provincial Small Cause Courts Act, 1887, the Revisional Court is entitled to see the legality or otherwise of the finding or the order of the Court of Small Causes but is not entitled to re- assess the evidence itself. In case, re-assessment is necessary, it will have to remand the case for such re-appraisal to the Court of Small Causes.