MOHD. JAWAID Vs. RENU KHARE AND ANOTHER

JUDGEMENT

(1.) Heard Sri Swetashwa Agarwal, learned counsel for the revisionist and Sri P.N. Saxena, learned Senior Counsel assisted by Sri Raj Nath Pandey, learned counsel appearing for the opposite party.

(2.) Present revision has been filed for setting aside the order dated 10.4.2018 passed by Additional District Judge, Court No. 17, Kanpur Nagar in SCC No. 123 of 2015 (Mohd. Javed v. Renu Khare ).

(3.) By the impugned the application paper no. 35-Ga filed by the plaintiff under Order 15 Rule 5 CPC has been rejected by the court below. Simultaneously, by holding that the question of title is involved in the case, the plaint has been returned for presentation before the competent civil court in exercise of powers under Section 23 of Provincial Small Causes Court Act, 1887 (hereinafter referred to as the Act). The impugned order has been passed on the ground that an agreement to sell was in existence between the parties and therefore, there was no relationship of landlord and tenant between the parties and as such the application filed under Order 15 Rule 5 CPC is liable to be rejected and the plaint was returned as noted above.