KHAZANCHI PRASAD Vs. BABU RAM

JUDGEMENT

(1.) This is a civil revision against a decree for ejectment passed by the learned additional Munsif of Ghaziabad on 21 July 1948. Babu Ram and Ors. plaintiffs, filed a suit for ejectment of Sultan Singh and Khazanchi Prasad on the ground that Sultan Singh was the tenant of a shop which had been rented to him under a registered lease dated 14 March 1940, that Khazanchi Singh was his sub-tenant, and that the lease having expired on 20 January 1947, the defendants were not entitled to remain in possession of that shop. It was alleged in the plaint that the suit was being filed with the permission of the Sub-Divisional Magistrate of Baghpat. The suit was resisted on various grounds but the learned Additional Munsif held against the defendants and decreed the suit for ejectment, but he reduced the amount of damages from Rs. 575 to Rs. 173.

(2.) We have been informed by the learned Counsel that an appeal against this decree has been filed in the lower appellate Court. As there was some doubt whether an appeal lay, the present revision was also filed in this Court by the defendants-applicants.

(3.) A preliminary objection has been raised by Mr. Brij Lal Gupta, learned Counsel for the plaintiffs-opposite parties, that no revision lies to this Court under Section 115, Civil P.C., the decree being appealable to the lower appellate Court.