FAZAL GANI Vs. SARJERAO SHITOLE

JUDGEMENT

(1.) THIS revision petition arises out of the Plaintiff -non -applicant's suit for the (sic) recovery of arrears of rent for the period from 1 -4 -1948 to 31 -12 -1948 in respect of a bungalow said to have been in occupation of the applicant as a tenant. The applicant in his written statement admitted that he entered into possession of the bungalow on 1 -7 -1945 as a tenant of the Plaintiff. But he pleaded that subsequently the Plaintiff's bungalow was acquired by the Government and that during the period from 1 -4 -1948 to 30 -12 -1948, the Government and not the Plaintiff was the owner and landlord of the bungalow and that, therefore, the Plaintiff was not entitled to recover any re(sic) for that period from the Defendant. The Defendant -applicant also raised the objection that as the Plaintiff's suit raised a question of title, the Small Cause Court had no jurisdiction to try the suit. The lower Court has rejected the applicant's objection as regard jurisdiction. He has, therefore, come up(sic) revision to this Court.

(2.) THE only question which arises for decision in this revision petition is whether the suit is excepted from the cognizance of the Small Cause Court because the claim fall under Article 11 of Schedule to the Madhya Bharat Small Cause Courts Act, Samvat 2006. The Article runs as follows:

(3.) IN the result this petition is dismissed. (sic) the circumstances of the present case, there (sic) be no order as to costs of this petition.