RAKESH KUMAR Vs. VITH ADDITIONAL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) This is landlords' petition challenging the validity of the order dated 29.5.1991 passed by respondent No. 1 (Annexure-7 to the writ petition). By the said order, revision filed by respondent Nos. 3 and 4 has been allowed and the lower revisional court has ordered that the petitioners' plaint be returned for presentation before the proper Court under Section 23 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the Act).

(2.) The facts encompassing the controversy are that the petitioner filed suit for ejectment and recovery of arrears of rent and damages far use and occupation of the two disputed shops with the allegation that he has become owner-landlord of the disputed shops after having purchased the same from previous owners Smt. Athar Zamani Begum and Smt. Ashfaq Zamani Begum through a registered sale deed dated 15.10.79. Before the said transfer, defendant No. 1 used to pay rent to Smt. Athar Zamani Begum exclusively and she was landlady of the respondents tenant. After the sale deed aforesaid, the plaintiff has stepped into her shoes and is entitled to realise rent from the said defendant. The plaintiff served him with a notice demanding rent but the same was not paid. Hence suit was filed after determination of tenancy in accordance with law.

(3.) Both the defendants filed a joint written statement, inter alia pleading that Smt. Athar Zamani Begum and Smt. Ashfaq Zamani Begum were not the sole owners of the shops in question as there were other co-sharers. However, names of the alleged co-sharers were not disclosed by the defendants in their written statement. It was further pleaded that as there are other co-sharers of the disputed shops. Smt. Athar Zamani Begum and Smt. Ashfaq Zamani Begum had no legal right to transfer the shops in question and the sale deed alleged to have been executed in favour of the petitioner was not valid. It was further pleaded that the shops in question were the property of Riyasat Jahangirabad which were occupied on rent by the defendants and Smt. Athar Zamani Begum used to realise rent on behalf of all the co-sharers of Riyasat Jahangirabad and she was not the sole landlady of the disputed shops. In para 12 of the written statement, the defendants, however, pleaded that they have never denied the title of Smt. Athar Zamani Begum and Smt. Ashfaq Zamani Begum or the title of the plaintiff-petitioner, rather they have simply stated the fact that there are other co-sharers of the said property.