ALIMUDDIN Vs. MOHAMMAD LSHAK

JUDGEMENT

(1.) THIS is a plaintiff's revision from the order of the Judge Small Causes Court Jaipur City dated 22. 9. 70 by which the learned Judge directed return of the plaint as it involved a serious question as to the title of immovable property. The facts in brief are these: - Smt. Fatma and Md. Sadiq obtained a decree for arrears of rent against the non-petitioner Md. Ishak from the Court of Small Cause on 30 7-68 and thereafter sold the property in question to the present plaintiff Alimuddin on 26-11-68. Alimuddin filed the present suit for arrears of rent from 26. 11.-68 to 28. 2. 69. The suit was resisted by the defendant on the ground that Smt. Fatma and Md. Sadiq were not the landlord but his landlords in fact were Smt. Meena and Muktrar who had previously obtained a decree for arrears of rent against him on 2-8-68. It further appears that there was some litigation between Alimuddin on the one hand and Fatma and Sadiq on the other (suit No. 45/68 decided on 16-9-68.)

(2.) ON an objection raised by the defendant that the suit was not triable by the Court of Small Causes the learned Judge held that a bona fide question of title to immovable property was involved in the case and the determination of the question as to who is really the landlord in the peculiar circumstances of the case, depended upon the proof or disproof of the title to immovable property. In this view of the matter he directed the return of the plaint for presentation to a Court competent jurisdiction to determine the title.