HARI CHAND Vs. RAMESH KUMAR

JUDGEMENT

(1.) This revision petition has been filed against the order of the Subordinate Judge Second Class, Kaithal, dated November 17, 1973.

(2.) Briefly, the facts are that the defendant took the house in dispute on rent from the plaintiff vide rent note, dated December 30, 1957, for a period of one year at the rate of Rs. 500/- per annum. He filed an application for ejectment against the defendant in the Court of Rent Controller, Kaithal, inter alia on the ground that the premises had been sublet. The application was contested by the defendant who denied the relationship of tenant and landlord between him and the plaintiff. It is stated by the plaintiff that on account of denial of the relationship by the defendant, he had forfeited the tenancy and the plaintiff had become entitled to the possession of the leased property. The plaintiff has instituted the present suit for possession against the defendant in the civil Court. The suit has been contested by the defendant who inter alia, pleaded that the Civil Court had no jurisdiction to try the suit and that it is liable to be stayed under Section 10 of the Civil Procedure Code. The trial Court framed eight issues on the pleadings of the parties. It, however, treated the following two issues as preliminary :-

(3.) It held that the Civil Court had the jurisdiction to entertain the suit and that the suit was not liable to be stayed under Section 10 of the Civil procedure Code. The defendant has come up in revision against the order of the Subordinate Judge, Kaithal, to this Court.