MADAN LAL Vs. IST ADDL DISTRICT JUDGE SHAHJAHANPUR

JUDGEMENT

(1.) A. K. Yog, J. One Behta Ram filed suit for ejectment and recovery of arrears of rent and mesne profit by filing J. S. C. C. Suit No. 105 of 1977 on the facts stated in the plaint of the said suit.

(2.) THE Defendant denied plaint al legations and alleged that plaintiff fraudulently got a sale-deed executed in his favour and another Original Suit No. 58 of 1998 was pending in the Court of Shahjahanpur, regarding title and owner ship of the accommodation between the parties. At one stage, Judge, Small Causes Court vide its order dated May 12, 1978 directed the plaint to be returned for presentation before regular Court as ques tion of title was involved, but the said order was set aside in Revision No. 32 of 1978. Judge, Small Causes Court, therefore, proceeded; to decide the suit on that basis.

(3.) THE aforementioned judgment and order dated 24th November, 1981 (Annexure 2) passed by Revisional Court and judgment and order dated 27th July, 1981 (Annexure 1) passed by Judge, Small Causes Court have been challenged by filing present petition praying that the aforesaid two orders may be quashed.