(1.) In our opinion this suit is one which ought to have been tried as a Small Cause Court suit as there was no real question of title.
(2.) But there was an order-under Section 23 of Act IX of 1887 which order is final and has the effect of giving jurisdiction to the Court having ordinary jurisdiction.
(3.) The case was accordingly tried by the District Munsif. There was an appeal to the Subordinate Judge and it is said that the point of jurisdiction was not pressed. The appeal was heard on the merits.