BANS BAHADUR SINGH Vs. BRIJESH KUMAR SINGH

JUDGEMENT

(1.) BY means of the present petition, the petitioner who claims himself as landlord of House No. C/123/435 Purdilpur (North of Jubilee Inter College, Gorakhpur) has sought the quashing of the orders dated 27.10.1999 and 3.8.2001 whereby and whereunder the Courts below have or dered the return of plaint of S.C.C. Suit No. 335 of 1994 for presentation before the Court of competent jurisdiction.

(2.) THE facts of the case may be noticed in brief. THE petitioner claims that the house in dispute originally belongs to Akhileshwari Narain Chandra, Kamleshwari Narain Chandra and Durgeshwari Narian Chandra all sons of late Jagdish Narain Chandra. THE petitioner was a tenant on the first floor of the said house. Late Kishan Prasad Chaudhary alias Chaudhary Kishan Prasad father of the contesting respondent Nos. 1 to 4 was the tenant on the ground floor of the accommodation on monthly rent of Rs. 125/-. S.C.C. Suit No. 17 of 1985 was instituted for recovery of arrears of rent and ejectment against the father of the contesting respondent Nos. 1 to 4. A compromise was arrived at in between the landlord and the tenant on 29.4.1986 and on the basis of the said compromise, the entire arrears of rent were paid and the suit for ejectment was dismissed. THEreafter, on 23.3.1994, the petitioner purchased the said house from the erstwhile owners and landlords for a sum of Rs. 2, 50, 000/-. THE petitioner-instituted S.C.C. Suit No. 27 of 1995 against the respondent Nos. 1 to 5 herein, on the allegations that the respondent Nos. 1 to 4 sons of late Kishan Prasad Chaudhary (who has died) had sublet the disputed accommodation to respondent No. 5 and they have failed to pay the rent inspite of demand and information that the house in question has been purchased by the plaintiff-pe titioner. In the said suit, an application purported to be under section 23 of Provincial Small Causes Courts Act was filed by Rajesh Kumar Singh (respondent No. 2) on the allegation that the question of title is involved. He stated that he was already filed a title Suit No. 255 of 1994 in the Court of Civil Judge (Senior Division) Gorakhpur which was decreed ex parte on 17.1.1995 and the said ex parte decree has been set aside but the matter is still pending. In the said suit, the cancellation of the sale deed in favour of the petitioner has been sought for. Since there is a dispute of title in between the petitioner namely Dr. Bans Bahadur Singh and Rajesh Kumar Singh (respondent No. 2), no final order be passed in J.S.C.C. suit. An objection was filed that evi dence has already been recorded in the J.S.C.C. suit and there is no bona fide dispute of title in between the parties. THE Trial Court by its judgment and or der dated 27.10.1999 ordered the return of plaint as provided for under section 23 of the Provincial Small Causes Courts Act as there is a dispute of title in be tween the parties. THE said order having been confirmed in Civil Revision No. 22 of 1999 on 3.8.2001 by the Court below, the present writ petition has been filed.

(3.) CONSIDERED the aforesaid submission of the learned Counsel for the pe titioner.